Texas Senate Candidate Criticizes THC Ban, Calls for Regulation

Texas Senate candidate James Talarico has openly criticized a new ban on THC product sales in Texas, using President Donald Trump’s words to denounce the new policy. The criticism comes as the Texas Senate race against Attorney General Ken Paxton becomes more competitive ahead of the 2026 midterm elections. While Texas favored Trump by 14 points in 2024, Democrats see the seat as potentially winnable, especially after conservative Paxton defeated Senator John Cornyn in the Republican primary.

Talarico, a current state legislator, compared the state’s actions to “the days of prohibition,” arguing that the ban will not stop Texans from using THC products. He described the policy as “a gift to the cartels.”

“Texans will still use THC, but instead of buying it safely from a local small business, they will resort to the black market or drug cartels,” he stated. “While it is important to keep these products away from minors and avoid deceptive marketing practices, this extreme ban does nothing to achieve those goals.”

Talarico also cited a quote from Trump, who supports his opponent, in expressing opposition to the ban.

“As President Trump said: ‘It is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations while providing adults access to safe, tested products,’” he wrote. He urged Texas Republicans to “stand with President Trump” to overturn the ban.

Trump made the statement after reclassifying marijuana from a Schedule I to a Schedule III drug in December 2025. While Paxton remains opposed to marijuana decriminalization, he has yet to comment on this specific issue.

Texas THC Products: Impact of the New Policy

The policy bans numerous THC products, but some remain legal. Delta-8 and delta-10 variants are specifically targeted according to The Texas Tribune. However, products containing less than 0.3 percent delta-9 THC dry weight are exempt, meaning certain edibles and beverages can still be sold. Those possessing illegal THC products may now face imprisonment and fines as the ban comes into effect, impacting the state’s cannabis industry.

A Texas Supreme Court decision allowed the reclassification of these products as Schedule I controlled substances. The ruling enabled enforcement of a 2021 rule banning several THC products that were previously blocked by an injunction. Texas officials consider THC products psychoactive drugs deserving strict regulation.

James Talarico’s Prospects in the Texas Senate Race

Polls show Talarico leading early on despite Texas’s conservative leanings. A Fox News poll has him ahead by three points, 51 percent to 48 percent. In contrast, a poll from The New York Times and Siena University shows both candidates at 47 percent. A Texas Public Opinion Research poll shows Talarico ahead by five points, 45 percent to 40 percent. Meanwhile, a University of Texas poll has Paxton leading by a single point, 43 percent to 42 percent.

Democrats have long hoped to make Texas competitive due to shifting suburbs in cities like Austin, Dallas, and Houston. This trend reduced Republican margins in presidential races from 16 points in 2012 to less than six in 2020, although Democrats lost ground in 2024. Yet, economic concerns and Trump’s declining popularity offer Democrats a more favorable environment this year.

Prediction markets slightly favor Republicans, suggesting Paxton has a 55 percent chance of winning on Kalshi and 53 percent on Polymarket as of Monday evening. These markets allow traders to bet on political outcomes, aggregating real-money wagers into probability estimates, which fluctuate with polling and political developments but do not consistently predict future outcomes.

Looking Ahead: The THC Ban in Texas Politics

The THC ban is poised to become a prominent issue as the 2026 Senate race heats up. Talarico is likely to continue leveraging the issue to attract independent and younger voters, advocating for regulation over prohibition. He aims to highlight divisions between state Republicans and Trump’s previous remarks on marijuana policy.

Proponents of the ban argue for public safety, while legal challenges from THC retailers and affected businesses may arise as the law takes effect. The debate may pressure Paxton to clarify his stance on enforcement and marijuana policies as the campaign becomes more intense. With a potentially tight Senate race, both candidates will likely use the THC ban to discuss issues of crime, personal freedom, and government roles in Texas.