(The Center Square) – The Texas Senate is not backing down on its proposed THC ban, already advancing a bill filed by state Sen. Charles Perry, R-Lubbock, out of committee on the second day of the special legislative session. Perry's THC ban, SB 3, passed the legislature several months ago with bipartisan support in both chambers. Gov. Greg Abbott vetoed it in the last hour of the last day allowed by the Texas Constitution after the legislature adjourned and couldn't convene to override it. Next, Abbott proposed legalizing THC for adults over age 21, making it a legislative priority for the special session, which began on Monday. On Tuesday, the Texas Senate, led by Lt. Gov. Dan Patrick, took the first step to reject his proposal. After an 8-hour hearing on Tuesday, the bipartisan Texas Senate Affairs Committee unanimously advanced SB 5, Perry's second THC ban, out of committee by a vote of 10-0. At the hearing, Perry again clarified that any stores currently selling THC in Texas are doing so illegally. SB 5 allows Cannabidiol (CBD) or CBG, whole hemp seeds, hemp seed protein powder and hemp seed oil to continue being sold in Texas. Their sale is "currently legal today through the FDA," he said. However, "It is with almost 99% assuredly most of the [THC] products that are being sold off these retail shelves today through these hemp stores and other venues is illegal federally. We have court cases building by the week that support that." SB 5 bans the production, sale, and possession of consumable marijuana products that contain any cannabinoids other than CBD or CBG, including banning substances marketed as delta-8, delta-9, delta-10, THCA, and THC-O. Violators face criminal penalties ranging from a Class C misdemeanor for possession to a third-degree felony for manufacturing or distribution of THC. Perry also clarified that THC isn't hemp, an agricultural product Congress authorized could be produced in the 2018 Farm Bill. The law specifically stipulates that states have the authority to regulate or ban hemp products. Nine federal courts, three U.S. circuit courts (4th, 7th and 8th) and six U.S. District courts have all ruled that states "have the right to regulate, ban, do whatever they want to with respect to the product that comes from the hemp plant that is federally regulated," Perry said. "So that's the origin of where this confusion starts." The federal agricultural code "set up a legal parameter for hemp plant with the expectation of being a construction, clothing, paper market. Idaho has banned all THC products and has the second most robust industry with respect to [the hemp] fiber market, which was the intended purpose of the ag bill," he explained. With thousands of stores popping up all over Texas selling THC, he said, "We've literally allowed this industry to spring up underneath our feet, screaming it's legal – and it's not." In response to Abbott's proposal to legalize THC for adults over age 21, Patrick said, "Regulating THC for 21+ in Texas is a backdoor way to legalize recreational marijuana. Law enforcement is against regulation and supports a full ban. Texas has a robust program for those in need of medical THC for cancer, PTSD, & other issues." He also pointed to "the champion of the 2018 federal farm bill," U.S. Sen. Mitch McConnell, R-KY, who argues THC isn't hemp and wasn't legalized in 2018. McConnell says he "helped secure new language in the most recent agriculture appropriations bill to restore the original intent" of the 2018 law to "keep dangerous products made by bad actors out of the hands of kids while preserving this industry for Kentucky's hemp farmers." "Companies looking to make a quick buck have been exploiting a loophole" in the law, he said, "to take legal amounts of THC from hemp and turn it into intoxicating substances. These synthetic chemicals are then used as ingredients in appealing, candy-like products," citing examples of children being poisoned by THC products in Kentucky. Attempting to rebuff backlash, Abbott is claiming in recent media interviews that he doesn't support legalizing marijuana. "The only hemp product that's going to be out there is nonintoxicating hemp, which is below three milligrams of THC," he told Community Impact. Law enforcement statewide oppose Abbott's proposal. Allen Police Chief Steve Dye, representing 1,700 Texas police chiefs, and Chambers County Sheriff Brian Hawthorne, President of the Texas Sheriff's Association, testified in support of a full THC ban. Opponents of the ban say it will wipe out small businesses, tens of thousands of jobs and negatively impact veterans, seniors, cancer survivors and others experiencing chronic pain who use THC, The Center Squarereported. Patrick says they can legally purchase THC with a prescription from their doctor. The legislature also passed HB 46 to expand the Texas Compassionate Use Program, "the largest compassionate use program in America" to ensure they had access, he said.