James Talarico, a Texas Senate candidate, has criticized the state’s new ban on THC products. He used former President Donald Trump’s words to challenge the policy. This criticism comes as the Texas Senate race against Attorney General Ken Paxton tightens ahead of the 2026 midterm elections.
Despite Texas voting for Trump by 14 points in 2024, Democrats see the Senate seat as competitive. This follows conservative Ken Paxton’s unseating of Senator John Cornyn in the GOP primary.
Condemning the THC Ban
The Democratic candidate accused the state of regressing to prohibition. He argued that the ban won’t stop THC usage and benefits drug cartels instead. “Texans will still use THC, but through the black market,” he remarked.
Talarico referenced Trump’s stance. Trump previously stated the need to end arrests for small marijuana amounts and promote smart regulation. Talarico asserted that Texas Republicans should align with Trump to undo the ban.
Trump’s comment followed his executive order in December 2025, which reclassified marijuana.
Details of the THC Ban
The ban mainly affects items with delta-8 and delta-10 variants. Delta-9 THC products remain legal if under the 0.3 percent dry weight threshold. This includes many edibles and drinks.
The Texas Supreme Court decision allowed these products to be classified as Schedule I substances. This supports the state’s 2021 rule prohibiting many THC items.
Officials argue these products are psychoactive. Governor Greg Abbott initially vetoed the ban last year, citing constitutional concerns.
The Texas Senate Race
Recent polls suggest Talarico leading despite the conservative reputation of Texas. A Fox News poll shows Talarico at 51 percent, leading Paxton by 3 points. Other polls depict a close race.
Texas’ political dynamics showed shifts, with Republican margins narrowing over the years. The 2024 elections were a setback for Democrats, as Republicans gained ground among Hispanic voters.
This year offers a potentially better environment for Democrats due to Trump’s waning popularity.
Prediction markets give a slight edge to Republicans, with Paxton’s odds hovering slightly over 50 percent.
The Future of the THC Ban
The THC ban emerges as a key issue in Texas politics. Talarico plans to leverage this to appeal to independent and younger voters, favoring regulation over prohibition.
Supporters view the ban as a public safety initiative. Legal challenges from impacted businesses may follow as the ban takes hold.
The debate forces Paxton to clarify his stance on marijuana policy. As the Senate race becomes more competitive, both candidates will likely address the THC ban in their broader campaign narratives.
Contact Newsweek editors for more on this story: Jason Lemon and Gray R. Thomas.
