James Talarico, a Texas Senate candidate, has openly criticized the state’s new ban on THC products. Using President Donald Trump’s words, Talarico condemned the policy. His criticism comes as polls indicate a tightening race against Attorney General Ken Paxton before the 2026 midterm elections. Although Texas favored Trump by 14 points in 2024, Democrats see the Senate seat as competitive after Paxton unseated Senator John Cornyn in the Republican primary.
Talarico, currently a state legislator, argues that the ban will not prevent Texans from using THC products and likened it to ‘the days of prohibition.’ He claimed the policy benefits drug cartels, as people might resort to the black market instead of local businesses. “Texans will still use THC,” he stated, noting that the policy does not address issues like minors’ access, deceptive marketing, or proximity to schools.
He invoked a Trump quote to bolster his stance against the ban. Trump, endorsing Paxton, once stated it is essential to end arrests for small marijuana use, support regulation, and offer adults safe products. Talarico urged Texas Republicans to align with this perspective.
The Texas Tribune reports that while many THC products face bans, those with delta-9 THC below 0.3 percent dry weight are exempt. This ban follows a Texas Supreme Court decision allowing these products’ reclassification as Schedule I substances, sidelining a 2021 rule.
Despite ex-Governor Greg Abbott’s veto over constitutional concerns, the state pushed through the ban. Officials view THC products as harmful and treat them accordingly. Talarico remains hopeful in the face of polls showing a competitive race. A Fox News poll showed Talarico slightly ahead, while others from The New York Times, Texas Public Opinion Research, and the University of Texas show mixed results.
Democrats view Texas’s shifting suburbs as a sign of opportunity. From 2012 to 2020, Republican dominance gradually lessened, although Democrats faced setbacks in 2024. The 2026 elections occur amid Trump’s waning popularity due to economic and geopolitical issues, giving Democrats a potential edge. Prediction markets currently slightly favor Republicans, with Paxton leading on platforms like Kalshi and Polymarket.
The THC ban could become a focal point in Texas politics. Talarico aims to appeal to independents and young voters, arguing for regulation over prohibition. Supporters of the ban will likely defend it on the grounds of public safety. Legal challenges from affected retailers and industry groups may arise, increasing pressure on Paxton to clarify his stance.
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