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How the border crisis sparked the worst Texas-federal relationship in modern memory

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How the border crisis sparked the worst Texas-federal relationship in modern memory



Texas has rich history of doing battle with the federal government. But some experts say the current fight over border policy is the most bitter battle yet.

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When Gov. Greg Abbott, flanked by about a dozen of his fellow GOP state chief executives and backed by armed National Guard soldiers near the banks of the Rio Grande in Eagle Pass on a recent Sunday afternoon, it was more than just another example of the Texas Republican chastising the Democratic president over immigration policy.

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Instead, it was further evidence that Texas’ relationship with the federal government — often strained and frayed during their 179 years together — might be at its lowest point since the dawn of the Civil War. And Abbott’s rhetoric in Eagle Pass on Feb. 4, along with the imagery assembled for the bank of news cameras, invoked a pugnaciousness worthy of a military commander preparing his troops for battle.

“We are here to send a loud and clear message that we are banding together to fight to ensure that we will be able to maintain our constitutional guarantee that states will be able to defend against any type of imminent danger or invasion,” Abbott declared.

Former Lt. Gov. Ben Barnes, whose political career began more than 60 years ago and whose political involvement has endured since, said he has seen plenty of Texas-federal dustups over the decades but when asked if the one presently playing out is more destructive than the others, he said, “I believe it is.”

Immigration and border policy lay at the heart of the conflict between Abbott and Biden. But the acrimony is not limited to their partisan differences or to the back-and-forth sniping since Biden ousted then-President Donald Trump from the White House three years ago. Texas and the Biden administration are locked in myriad legal battles over the federal government’s historic primacy over immigration laws and over whether the state can usurp immigration enforcement authority if it deems the federal effort to be inadequate.

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Barnes, now 85, entered politics just as the U.S. civil rights movement was gaining momentum. In an interview with the American-Statesman, he said the issue of school integration and efforts to expand voting rights often put Austin and Washington at cross purposes because Jim Crow laws — rules states in the former Confederacy enacted to mandate racial segregation — were alive and well in the Texas of the 1950s and early 1960s.

“I think a difference is the battle over civil rights had been going on since before the Civil War, and at the conclusion of the Civil War, and in the aftermath of the Civil War,” Barnes said. “But this (the escalating tensions over border policy) is something that’s been going on not (for) 100 years, but only the last six or eight years. This has happened rather quickly.”

Another conflict rooted in ‘states rights’

Bill Minutaglio, the author of several books on different periods of Texas history, said one thread ties together nearly all the conflicts pitting the state against the feds.

“Texas has a long, complicated controversial history arguing for states’ rights. Period. Full stop. End of story,” said Minutaglio, a retired University of Texas journalism professor. “Obviously, it goes all the way back to (Texas) being a republic, its own nation. And then being absorbed into the United States, and then willfully joining the secession and arguing that states’ rights and primacy and all that during the Civil War.”

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The notion is not unique to Texas, Minutaglio said. All the states that left the union at the outset of the Civil War embraced the theme, and they continued doing so through Reconstruction, the period after the war. Resistance to federal civil rights laws of the mid-1960s has extended that embrace, he said.

But, Minutaglio added, “the Texas mythology (as) a place that can never be tamed and never be conquered and can’t be corralled in” elevates the state’s role whenever states and the federal government are at odds. “We play into that more than any other state.”

More: Senate kills sweeping border, foreign aid deal – even as lawmakers eye Israel, Ukraine funding

Texas, White House ratchet up the rhetoric

The present acrimony between Abbott and the federal government is by no means one-sided.

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As recently as last month, Biden White House press secretary Karine Jean-Pierre accused Abbott of engaging in “extreme political stunts” in the name of border security.

As part of the $11 billion Operation Lone Star, Abbott’s border security initiative, Texas has continued building unconnected sections of border wall, laid a buoy barrier along a part of the Rio Grande and installed razor wire on the river’s Texas shore.

More: Abbott vows to keep border security fight after Supreme Court rules feds’ can cut razor wire

“I’ve said this over and over again. We have said this: It demonizes and dehumanizes people,” Jean-Pierre said at a news briefing Jan. 16. “But it also makes the job of the Border Patrol harder and also more dangerous. That’s what we’re seeing.”

In July, she called Abbott’s border actions “atrocious, barbaric, and downright wrong.”

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Abbott has countered by accusing President Joe Biden of violating his oath of office. “The federal government has broken the compact between the United States and the States,” the governor said in a Jan. 24 one-page denunciation of the administration’s border policies, which was quickly endorsed by 25 other Republican governors.

Immigration politics mixes with courtroom drama

Amid the verbal parrying are legal cases that are fraught with acrimony, and ones that could upend the centuries-old principle that the states must bow to the federal government on immigration and border security.

The Biden administration last month won at least a short-term victory when the U.S. Supreme Court said federal border agents could cut through the miles of razor wire the state has coiled along the Rio Grande.

More: Texas Democrats in Congress say SB 4 is unconstitutional. Here’s what they’re doing about it

But the larger case of whether the law Texas enacted last year to allow state law enforcement authorities to arrest people suspected of entering the country without legal authorization has not yet been adjudicated. The law, known as Senate Bill 4 and set to take effect next month, carries a penalty of six months in jail or court-ordered deportation from the United States.

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Should Biden federalize the Texas National Guard?

The U.S. Justice Department, which filed the lawsuit seeking to have SB 4 struck down, is arguing that the high court’s ruling in 2012 nullifying a similar law enacted in Arizona has settled the question of federal supremacy when it comes to immigration and the border. If the Supreme Court sides with Texas, it could mean that other states can enact their own laws similar to SB 4.

Meanwhile, several prominent Texas Democrats are calling on the Biden administration to take more aggressive actions to rein in Abbott and other state Republican leaders on the immigration issue. U.S. Reps. Joaquin Castro of San Antonio and Greg Casar of Austin, along with 2022 Democratic gubernatorial nominee Beto O’Rourke, have said Biden should assert federal control of the National Guard troops Abbott has ordered to the border as part of Operation Lone Star.

President Dwight Eisenhower in 1957 federalized the Arkansas National Guard when that state refused to comply with court-ordered school integration. President John F. Kennedy six years later took similar action, federalizing the Alabama Guard when Gov. George Wallace tried to block the integration of that state’s flagship public university.

Abbott has said such a move by Biden involving the Texas National Guard would be “boneheaded” and would not deter him from pursuing his border policies.

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Border battles run deep in Texas history

Historian and author Donald Frazier, who runs the Texas Center at Schreiner University in Kerrville, said the border tug-of-war between Texas and the federal government can be traced back to the state’s admission into the Union in 1845 and its reasoning for seceding about 15 years later.

“The border has always been a consistent point of conflict between state authority and federal authority,” said Frazier, who pointed to the February 1861 Declaration of Causes that Texas used to justify leaving the Union.

The 163-year-old document’s language, although more flowery, invokes some of the same themes heard in the modern dispute over border security.

The federal government, the declaration says in part, “has for years almost entirely failed to protect the lives and property of the people of Texas … against the murderous forays of banditti from the neighboring territory of Mexico.”

“(While) our State government has expended large amounts for such purpose, the Federal Government has refused reimbursement therefore, thus rendering our condition more insecure and harassing than it was during the existence of the Republic of Texas.”

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Along with the sometimes-incendiary language, Texas and Washington have a history of court battles over the border. In 1994, when Democrats were in power both in Austin and in the White House, then-Texas Attorney General Dan Morales filed a lawsuit against the federal government seeking $5 billion as payback for services provided to undocumented immigrants in Texas.

Gov. Ann Richards, a close President Bill Clinton ally, backed up the attorney general in his challenge to the president — their fellow Democrat.

“This wrangle has been going on for years and years and years and years,” Richards said at the time. “There’s nothing new. The only thing new is states have made a commitment they’re going to fight back.”

While the presiding judge expressed sympathy with Texas’ argument, the lawsuit failed in the 5th U.S. Circuit Court of Appeals.

Saber-rattling and scoring political points

Brandon Rottinghaus, an author and University of Houston political science professor, said taking on Washington over immigration and other issues that are important to voters has had little downside in Texas, regardless of who is in power at any given time.

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“Texas governors have long been able to engage in saber-rattling and have successfully scored political points against the federal government,” Rottinghaus said, adding that Abbott has set that acrimony bar at an all-time high.

“The kind of escalation has gone beyond just rhetoric,” he said. “And that’s scary because the U.S. federal system only works if you’ve got a respect for the balance of powers. And the state has tried to push that as far as it can go.”

Abbott, at the Eagle Pass event with the other GOP governors, rejected assertions that his actions at the border might endanger the nation’s stability.

“It’s a false narrative, and it’s really nothing more than a narrative,” Abbott said.

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Barnes, the former lieutenant governor, said that as sour as the state-federal relationship presently is, the political wind often shifts with the mood of voters.

“I hope it’s a blip in the road,” said Barnes, a Democrat who served as the state’s second-in-command from 1969 to 1973, and as speaker of the Texas House before then. “I think this being a presidential election year, and because everything is more heated, both parties are throwing gasoline on the fire. I hope that next year, a nonelection year, things will settle down.”

Minutaglio, the author whose books include the first pre-presidential biography of George W. Bush and a deep-dive into Texas’ troubled history of race relations, said recovery from the current Austin-Washington hostility will likely not come easily.

“It is more pointed, it’s more strident, it’s more evident, it’s more visceral today than ever before,” he said. “It just is.”



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How Texas Tech GM James Blanchard went from message boards to building a big-budget roster

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How Texas Tech GM James Blanchard went from message boards to building a big-budget roster


Editor’s note: This article is part of our GM Spotlight series, introducing readers to general managers who occupy a relatively new and increasingly important job for college football teams.

A decade ago, James Blanchard was posting on college football message boards to get high school recruits noticed by Texas programs. Now he’s the general manager of a top-10 Texas Tech team gunning to win its first Big 12 championship and make the College Football Playoff.

Blanchard, the architect of the “open checkbook” transfer portal class that cost eight figures as part of a $25 million overall roster budget, has become one of the most prominent GMs in the sport. The journey took a relentless drive, a lot of sacrifice and a little bit of luck.

In the mid-2010s, he was cutting highlight tapes and promoting Southeast Texas recruits to help them earn scholarships. He developed enough of a reputation in fan forums and social media that when Matt Rhule arrived at Baylor, some fans on Twitter suggested to him that he add Blanchard to his staff.

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Rhule and then-Baylor director of player personnel Evan Cooper noticed and initiated a relationship with Blanchard. They liked the players he sent them. One day when Rhule was in Beaumont to see a recruit, he invited Blanchard to lunch and offered him a job in the scouting department.

“It was a dream come true,” Blanchard said.

The problem? Blanchard had just bought a home for his wife and kids, and the Baylor job would pay him $50,000 less than what he was making outside of football.

Determined to chase a dream, Blanchard gambled and took it anyway. He sent most of the money back home to his family and spent some nights in Waco sleeping in his Chrysler 300 or on the couch in Baylor defensive line coach Frank Okam’s office.

The initial payoff came three years later when Rhule took a job with the Carolina Panthers and hired Blanchard as a pro scout. But Blanchard was lured back to Baylor after a season when Dave Aranda doubled his salary. Throughout his time at Baylor, Blanchard connected with Joey McGuire, then an assistant coach with the Bears. They saw eye-to-eye on player evaluations. When McGuire landed the Texas Tech job in November 2021, Blanchard was his first hire, landing in Lubbock with McGuire on mega booster Cody Campbell’s jet.

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McGuire promised Blanchard full control of personnel, which was unconventional in college football. Texas Tech turned in consecutive top-30 recruiting classes for the first time in a decade. This offseason, with the help of massive resources spearheaded by Campbell, signed a transfer class that has the No. 6 Red Raiders in the thick of the conference and Playoff race.

Of his path, Blanchard said “It’s a ’30 for 30′ movie.”

Note: This interview has been edited for length and clarity.

You’ve spoken often about the influence Matt Rhule and Evan Cooper had on you at Baylor in shaping your personnel philosophy. What about them made the biggest impression on you?

Just the structure of everything. Matt Rhule was one of the first ones (to have a GM) … Coop didn’t have the title of general manager, but Coop was like our general manager. The position coaches and coordinators had say on who would come in the building, who we would offer and who we would take commitments from, but Coop had the final say so outside of coach Rhule. If Coop told coach Rhule, ‘We need to take this guy, I know what everybody else is saying, but trust me, dawg, take him,’ then the guy was coming to Baylor.

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What was your NFL experience like in Carolina with Rhule?

I would do scouting reports on the other teams we played, our potential free agent targets, scout our own roster, then would assist with setting up the draft board. It was like a master’s degree crash course in how to build teams. Learned from two great guys there, Marty Hurney (then the Panthers’ GM) and Pat Stewart (then the Panthers’ director of player personnel).

They just taught me how to have a more refined eye, how to be more detailed in describing what I was talking about, what to look for at a higher level and then just roster configuration. Marty was gracious enough to always have an open-door policy. My office was right next to our salary cap guy, Samir (Suleiman), and he would let me just sit in and listen to things. And at the time, I’m just listening to him because I’m thinking I want to be an NFL GM. Had no idea that knowing and listening to some of those conversations would help me thrive as a college football GM.

What do you look for in the portal that applies what you learned from the NFL?

The big thing is production over potential and body types. Movement skills, body types and do they fit into your scheme? There’s a lot of good players out there, but some of these guys don’t fit into people’s schemes. At some point, you’re just collecting players and it’s like, you have no idea how this guy’s going to fit into your building.

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After returning to Baylor, you went with Joey McGuire to Texas Tech. What made you ultimately decide to go with him?

Joey is just a great human, first and foremost — him and (his wife) Debbie, the things they do and how they treat people. When I first got to Baylor and took a big pay cut, that December, I didn’t have enough money to get everything (for my wife and kids) for Christmas. And I was really stressed out about it, the lifestyle change, that I had put my wife in this situation while I chased this crazy dream. She was still in college, so I’m trying to pay for her college and the mortgage while dealing with this $50,000 pay cut.

And I don’t know how, but Joey McGuire (found out) and comes into my office one day and says, “Hey, here’s some money for Christmas,” and he handed me an envelope with like two grand in it. And I’m like, “Hey, coach, I can’t pay you back because I’m broke as s— right now.”  And he said, “You ain’t gotta pay me back. One day you’re gonna be on your feet and just make sure you take care of somebody else.” That two grand is how I paid for my kid’s Christmas that year. And that meant the world to me.

So whenever he got to calling me and texting me that (the Texas Tech job) might be a reality, “I need you to come with me,” shoot, it was a no-brainer.

When you got to Texas Tech, you guys went heavy on measurables and track times in recruiting your first few classes. Is that still the case?

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100 percent.

Are you still as aggressive with early scholarship offers as you were then? 

No, we’ve slowed down a little bit. Junior and senior evaluations are way more important now that you’re allocating big money to some of these young men. This might be the slowest I’ve ever been (to offer). Going forward, we might take smaller high school classes, so we’ll see.

What prompted the shift to heavily utilizing the transfer portal?

Just doing research and seeing how effective it is. In 2023, Florida State and (GM Darrick Yray) were one of the first ones to crack the code in the portal. That portal class they put together (was impressive). … Then in 2024, Colorado did it at a high level. Deion (Sanders) went and got some real ballplayers to put around Shedeur and they went from four wins to nine wins. Ohio State, one of the meccas, they went out and signed 10-12 NFL-caliber guys (in the portal) and had a great College Football Playoff run.

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After looking at that, I said, “OK, if we do this in the portal the right way, we can dominate the Big 12.” Because I feel like a lot of people were still iffy about (using the portal that way). And with the help of (director of player personnel) Brian Nance, (scouting director) Sean Kenney and (assistant scouting director) Wesley Harwell, we were able to put it on display in a big way.

Texas Tech is 10-1 and in good position for a Big 12 title run and College Football Playoff berth. Safe to say that there aren’t any regrets about it?

None. We should have done more.

Everyone’s so competitive in this space and most schools don’t want to say what their roster budget is or how much they paid a guy. Why have you guys been comfortable being so open about what you were doing?

I think because we saw early, once all those guys got on campus, that we hit not only on the player, but the person. Hitting on both was so critically important to us. … And it was apparent to everybody that, “Oh s—, this is about to be really good.” Coach McGuire, Cody Campbell and everybody felt comfortable. I think deep down inside, everybody knew how good we could be.

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What do you say to people who say, “Oh they spent $7 million on the defensive line” or “They spent too much on their portal class?”

I would say that we have the best D-line in college football. … I think all these teams out here, they spend tons of money year-in, year-out on high school recruiting classes and that’s fine. But I think we’ve shown the world a little bit that we did it better than everybody in the portal historically. I think people are going to look back and say, “This is the greatest single portal class in the history of college football.” And we did it at such a high level that, this one portal class, probably outweighs — at every school except maybe two or three — five years of high school recruiting that they did. And it took us less time and less money than it took over those five years.

Stanford transfer David Bailey leads the FBS in sacks. (Michael C. Johnson / Imagn Images)

So where do you go from here? Because I would imagine other schools may try to replicate your strategy.

I just think we’re better right now. People will try to replicate it, but you’ve got to be all-in. Our coaching staff is all-in. If I go to (defensive coordinator) Shiel Wood and I say “We’ve got to get this Lee Hunter guy, I’m telling you to trust me on it,” he’s going to trust me. Just like I’m going to trust him if he (feels strongly). The synergy in the building with the culture, the players, the coaches, Joey McGuire has it running on all cylinders.

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How much will a baseline championship roster cost in the next year or two?

About $20-$30 million. And that’s dictated by how close you are to blue blood status and recent success. The further away you are, the higher your number has to be. Now that Texas Tech is winning, a guy that we might be able to get for $600,000, if you’re a program that hasn’t won at a high level, you might have to pay $800,000 to get that guy. What do you have to pay somebody to go to an unproven concept?

How much of that hinges upon programs’ ability to operate beyond the revenue-sharing cap?

If you don’t have legit NIL opportunities going on, then your program is going to fall behind. You’ve got to have the NIL opportunities to compete at the top. Now if that’s not your goal, then don’t worry about it. But if your goal is to compete with the top echelon, to be one of the top 10 programs in the country, then yeah, you’re going to have to have those third party NIL deals. It’s non-negotiable.

Does Texas Tech intend to remain a market leader in what it takes to acquire talent?

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I believe so. I don’t think we’re going anywhere anytime soon. I think we are going to be aggressive and innovative. I wouldn’t count Red Raider nation out.

Can Texas Tech win a national championship in the next five years?

One thousand percent. We’ve got a shot to win it this year. If we don’t, the proof of concept is there. Over the next five years, I think you’re going to see Texas Tech fight, scratch and claw like hell to kick that door in. I wouldn’t bet against this community, this university, this administration, this coaching staff, our donors and board of regents. This isn’t a one-hit wonder. We’re about to go on a run, and this is Year 1 of it.

The GM Spotlight series is part of a partnership with T. Rowe Price. The Athletic maintains full editorial independence. Partners have no control over or input into the reporting or editing process and do not review stories before publication.



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Should Texas Football stop scheduling elite non-conference opponents?

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Should Texas Football stop scheduling elite non-conference opponents?


There are two main theories in scheduling non-conference games. You test your mettle against one of the elite programs in America or you keep it as easy as possible. Texas Football’s philosophy for years has been to schedule at least one elite program a year. But will that cost them a spot in the CFP this season?

This year, Texas faced Ohio State in Week 1 of the regular season. Texas lost that game 14-7. The Longhorns will face the Buckeyes again next year and Michigan in 2027. Then UT will start a home-and-home Notre Dame in 2028.

For years, UT has been considered a model for college football scheduling. The Texas Athletic Department cooks up a good mix of smaller to medium size FBS teams with at least one huge marquee matchup with another college football power. Texas doesn’t play FCS (formerly I-AA) teams.

In the past, the Longhorns have played USC, Notre Dame, Ohio State and Alabama. Texas had scheduled Florida and Georgia in the future, but those were canceled after the Longhorns joined the SEC.

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But this season it may have cost them. Where would Texas be ranked if they were 8-2 instead of 7-3? There are seven teams with 8-2 records ahead of Texas in the latest CFP rankings. One of those, Oklahoma, Texas has beaten.

The CFP committee seems to waffle on strength of schedule. Much of that is the make up of college football right now. You have two big conferences that play a tough opponent almost every week.

“But by the end of the season, we’ll play, of our 12 regular season opponents, five of those teams will be Top 10 teams when we played them. So nearly half our schedule.” – Texas coach Steve Sarkisian

Then you have the other conferences advocating for the committee to look primarily at record because there’s no way their strength of schedule holds up. How to you balance the two?

Most teams are giving up on scheduling elite opponents. In fact, almost the majority schedule at least one game with a teams from the FCS (formerly Division I-AA). That is something Texas doesn’t do. UT has played one FCS opponent in the past and that was as a replacement.

But if you look at some of the opponents in just the SEC this week you’ll see Samford against the Aggies, Charlotte at Georgia, Eastern Illinois at Alabama, Mercer at Auburn.

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A few programs schedule in a similar way to Texas, like Michigan and Ohio State. But in a world where making the CFP is the minimum expectation for the Longhorns, there should be discussions in the University of Texas athletic office about whether it is the smartest way to build a schedule.



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Texas hemp regulation proceeds despite federal restriction

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Texas hemp regulation proceeds despite federal restriction

Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give us feedback.

The Texas Alcoholic Beverage Commission moved forward on Tuesday with its efforts to regulate the sale of consumable hemp products as questions swirled around the future of the industry due to federal restrictions on the products approved by Congress last week.

A provision of the funding bill for the U.S. Department of Agriculture that ended the longest government shutdown on record also undid a provision of the 2018 farm bill that first allowed Texas’ $8 billion hemp industry to thrive.

The funding bill bans the sale of hemp-derived products with more than 0.4 milligrams of tetrahydrocannabinol, or THC, the psychoactive element also found in marijuana. That provision, which criminalizes almost all consumable hemp products sold across the country, will put Texas’ law in direct conflict with the federal law when it takes effect next November.

In spite of the impending federal restrictions, TABC intends to proceed with the adoption of permanent regulations on the hemp industry in Texas that will replace emergency rules adopted by the commission in September that barred the sale of THC products to anyone younger than 21. Advocates and trade representatives who testified at the TABC meeting Tuesday said they do not expect the federal restrictions to be the final word on the debate.

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“What we understand is this is still a conversation that is happening at (the federal) level,” Shaun Salvaje, a veteran who uses consumable hemp products and an advocate for cannabis reform, told the commission. “You have a unique opportunity to regulate an industry that is built by Texans for Texans.”

The commissioners are following the executive order Gov. Greg Abbott issued in September that directed both TABC and the Department of State Health Services to impose stricter regulations on the hemp businesses they license, like an age restriction on sales to minors and mandatory ID verification at the point of sale.

That executive order came after Abbott in June vetoed a legislative ban on the products and the Legislature was unable to come to a consensus on regulations during two special sessions this summer.

DSHS in October approved its own emergency rules that require sellers of consumable hemp to verify with a valid ID that a customer is at least 21 years old, violations of which may lead to the revocation of a license or registration.

TABC’s latest proposed rules

TABC’s proposed permanent rules were introduced at the Tuesday meeting, and commissioners also voted to begin a public input period that will conclude on Jan. 4. The commission will vote on the formal adoption of the regulations in January.

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TABC’s proposed rules are largely aligned with the emergency rules it approved in September, but pulls back on some of the stricter measures. The new proposal removes a “one strike” provision that allows TABC to revoke the license of any business found to have sold the products to a minor or failed to check ID. The permanent rules allow for the agency to temporarily suspend licenses for less egregious violations.

Two trade group representatives of convenience stores in the state testified that they support a less punitive approach to potential violations, arguing the automatic cancellation under the emergency rules risks putting stores out of business over a simple mistake.

TABC’s permanent rules would apply to businesses that have liquor licenses and sell hemp products, such as restaurants and bars that sell THC drinks and convenience stores that sell both alcohol and THC products.

Further public comment will take place over the coming weeks both submitted and at a public hearing planned for Dec. 11, TABC staff said.

Another fight for the hemp industry

Commissioner Hasan K. Mack said the agency intends to act “regardless of the actions at the federal level.”

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“We’re going to do what the governor tells us we need to do … that’s all we can do right now until we get further guidance from the governor’s office,” Mack said. “There is no benefit in allowing underage Texans to consume hemp products.”

Abbott has not provided additional guidance to the agencies since the federal restrictions were approved, and his office did not respond to a request for comment Tuesday.

The federal restrictions signed by President Donald Trump last week invoke a sense of déjà vu in Texas, where advocates and trade groups sprung into action following the legislative approval of a ban on the sale of the products this spring. After weeks of lobbying the governor’s office, Abbott split from more conservative members of his party and vetoed the ban, citing the industry’s economic impact.

The industry is gearing up for a similar fight, this time in Washington.

“Hemp is too vital to the American economy and to the livelihoods of millions to be dismantled by rushed, politically driven legislation,” the Texas Hemp Business Council said in a statement last week. “As we proved in Texas, we will continue to pursue every legal and legislative option to overturn these harmful provisions and restore a fair, science-based system that continues to protect minors, ensure product safety and preserve the economic opportunities Congress created in 2018.”

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It is also unclear how aggressively the federal restrictions will be enforced once they go into effect. Since 1970, marijuana, hemp’s cousin, has been classified as a Schedule I drug under the Controlled Substances Act, the most restrictive classification, but that prohibition is generally not enforced in states where it is legal. There are 40 states, including Texas, that have medical marijuana programs. In 24 states, marijuana is legal for recreational use.

Like in Texas, all branches of the federal government are controlled by the Republican Party, which has historically been more hostile to recreational cannabis use. However, political winds have changed in recent years.

U.S. Reps. Dan Crenshaw, R-Houston, and Troy Nehls, R-Richmond, both voted in favor of the funding bill that included the restrictions, citing the need to end the government shutdown as quickly as possible. They both also said they oppose the federal restrictions on the hemp industry and hope Congress will address the issue again.

Texas Sen. Ted Cruz was one of two Republican senators to vote in favor of a failed amendment that would have removed the restrictions from the funding bill.

Even Trump, who the White House said was supportive of the restrictions in the funding bill, in September endorsed Medicare coverage of CBD — a cannabidiol substance derived from the cannabis plant that would also likely be federally banned by the new restrictions.

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As cannabis and hemp-derived products have become more common throughout the country, Texas Cannabis Policy director Heather Fazio said much of the taboo around their use has fallen away, allowing for the issue to become more bipartisan. The debate at the federal level comes at a moment where the industry is maturing and ready to wade into the world of political lobbying, Fazio said.

“We’ve come to a place, at least in Texas, where THC is a legal commodity that responsible adults are enjoying, and it came about in a way that was much different than many of us would have expected,” Fazio said. “Now, to have this big wall that we hit at the federal level, thank goodness for the one year lead time we have because I think we’re going to have some significant lobbying efforts step up. For the industry, we need to treat this like a political movement.”



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