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EXHIBIT 05

The Senate THC hearing, claim by claim

A Texas Senate committee heard invited testimony for a renewed THC ban on July 7, 2026. If you read the coverage and wondered how the claims hold up against the evidence, here is that check, statement by statement.

On July 7, 2026, the Texas Senate’s Health and Human Services Committee met in Houston to gather information for a future bill banning consumable hemp THC. No public comment was taken, and the invited testimony leaned heavily toward opponents of the products. This piece works through what was said, drawing on Stephen Simpson’s reporting for The Texas Tribune.

“A weapon of mass destruction,” measured against fentanyl

Aubree Adams, who directs two of the organizations pushing the ban, drew a comparison for the committee. She called fentanyl a weapon of mass death and described THC as a “weapon of mass destruction, causing chemical injuries to the brain.”

The comparison falls apart on the numbers. Fentanyl is a synthetic opioid that kills by shutting down breathing, and it is involved in tens of thousands of overdose deaths a year, among the leading causes of death for American adults under 50. THC has no comparable mechanism of fatal overdose. There is no established lethal dose the way there is for opioids, and no documented death from THC alone on anything near that scale. Setting the two side by side treats substances with completely different mortality as if they were equivalents.

The phrase itself is not a medical description. “Weapon of mass destruction” refers to nuclear, chemical, and biological weapons built to cause mass casualties, not to a plant extract. And “chemical injuries to the brain” is not a diagnosis; it is clinical-sounding language for something toxicology does not recognize. THC does carry real risks worth stating honestly: dependence is real, and heavy use can raise the risk of psychosis in people who are already vulnerable. Those are the accurate claims. The weapon-of-mass-destruction line, propped up against fentanyl, is not one of them.

1,559, then 1,896 newborns testing positive for THC

Sen. Lois Kolkhorst pointed to state data from the Department of Family and Protective Services: 1,559 newborns tested positive for THC in fiscal 2024, and 1,896 in 2025. That is real data, and cannabis use during pregnancy is a genuine concern that no one serious disputes.

But two things sit between the number and the policy. A rise in positive newborn tests can reflect more hospitals screening and reporting, not only more use; the figure counts tests, not measured behavior. And even taken straight, prenatal exposure is a case for prenatal care and targeted help for pregnant Texans, not obviously a case for banning THC products for every adult in the state. The number is real. The leap from it to a statewide adult ban is the part that is not.

Rising calls to poison control

Medical witnesses pointed to more THC-related calls to poison control. This one holds up, and it matters: exposures among young children have climbed as THC edibles have spread, and gummies that look like candy are a real danger to kids. Worth keeping in view is what the trend actually argues for. More calls is not more deaths; the large majority of these exposures are treated without lasting harm. And the fix it points to is child-resistant packaging and a 21-and-up age limit, both of which Texas already put in place, rather than a ban.

“More availability, more use, more harm”

Dr. Matthew Rossheim gave the committee a simple chain: easier access means more use, and more use means more harm. As a general direction, that is fair, availability does track with use. What it skips is the choice actually in front of lawmakers. The alternative to prohibition is not unlimited access; it is regulation that keeps the products away from minors while leaving a tested, labeled market for adults. The premise is reasonable. It does not, on its own, point to a ban.

One expert pushed back

Not everyone the committee invited overstated the science. Katharine Neill Harris, a drug-policy fellow at Rice University’s Baker Institute, told lawmakers they were conflating cannabis with mental illness, homelessness, and problems with youth learning. She drew the line that matters: THC can raise the risk of psychosis in people who are already predisposed, which is “different from saying that THC causes psychosis in an otherwise healthy individual.” That distinction is what the research actually supports. She also pointed out what the hearing mostly left out, that affordable treatment is hard to find in Texas.

The fees are built to close businesses

The plainest thing said all day was about intent. The new rules raise licensing fees for hemp-THC businesses from $258 to $10,000 per facility, and from $155 to $5,000 for retail. Sen. Charles Perry welcomed that, saying the cost would get so high that “most of them will go out of business, I hope.” He said he had reached his breaking point with the industry. It is worth saying plainly what that means: a lead sponsor has stated the goal of the “regulation” is to shut the businesses down, which is a ban carried out through fees instead of a vote.

Prayer is not a prescription

Perry also said that Texans who use these products should seek the Christian God, casting the fight against the industry in religious terms.

Taken as it was offered, as advice to people who use a substance, it runs into a simple fact: prayer is not a treatment that physicians prescribe for substance use. The standard of care is evidence-based, counseling, medication when it is warranted, and access to treatment, which is the exact thing Harris told the committee Texas is short on. A lawmaker’s faith is his own. It is not a clinical remedy, and it is a striking thing to hand people from a hearing meant to weigh the evidence.

The bottom line

The strongest material in the room was the state’s own data on newborns and the rise in poison-control calls, and even those point more toward prenatal care and the packaging rules already on the books than toward a statewide ban. The weakest was the rhetoric: a fentanyl comparison the death toll does not support, and a causation claim the committee’s own expert corrected on the record. The most candid moment belonged to the sponsor, who said the fees are meant to close the businesses. That is where the hearing landed.

Sources

  • Stephen Simpson, “Texas Senate panel lays groundwork for renewed push to ban THC products”, The Texas Tribune, July 7, 2026 (the hearing account and quoted statements).
  • Fentanyl overdose mortality: U.S. CDC drug-overdose death data.
  • Pediatric THC edible exposures: U.S. poison-center data reported in JAMA and the pediatric literature.
  • Standard of care for substance use disorder: SAMHSA and evidence-based treatment guidelines.
  • Psychosis risk and predisposition: registry and cohort studies cited in our earlier reports.