Texas Senate candidate James Talarico criticized a new ban on the sale of THC products going into effect in the Lone Star State, using President Donald Trump’s own words to condemn the new policy.

The criticism from Talarico, a current state legislator, comes as polls suggest the Texas Senate race against Attorney General Ken Paxton tightens ahead of the 2026 midterm elections. Although Texas voted for Trump by 14 points in 2024, Democrats view the seat as increasingly competitive after conservative Paxton unseated Senator John Cornyn in the Republican primary.

The Democratic Senate candidate accused the state of bringing Texas “back to the days of prohibition,” and said that the ban won’t stop Texans from using THC products. He described the new policy as a “gift to the cartels.”

“Texans will still use THC — but instead of getting it safely from a local small business, they’ll go back to getting it from the black market. From the drug cartels,” he said. “Yes, we should keep these products out of the hands of minors. Yes, we should end deceptive marketing practices. Yes, we should keep smoke shops away from schools. But this draconian ban doesn’t do any of that.”

Talarico also used a quote from Trump, who has endorsed his opponent, to express his opposition.

“As President Trump said: ‘It is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations, while providing access for adults to safe, tested products,’” he wrote, adding that Texas Republicans should “stand with President Trump” to reverse the ban.

He referred to a Trump statement made after he signed an executive order reclassifying marijuana from a Schedule I to a Schedule III drug in December 2025.

Paxton has opposed the decriminalization of marijuana but has not commented on this specific provision. Newsweek reached out to Paxton’s campaign for comment via email.

Texas THC Products: What Products Are Impacted?

The new policy bans many THC products, but others will remain legal. The ban specifically covers products containing delta-8 and delta-10 variants, according to The Texas Tribune. However, products containing delta-9 THC are not covered by the ban if they are below the 0.3 percent dry weight limit; so some products can continue to be sold. Delta-9 is common in edibles and beverages.

Those in possession of illegal THC products could now face jail time and fines as the ban takes effect, dealing a blow to the state’s cannabis industry.

It comes after a Texas Supreme Court decision allowing the reclassification of those products as Schedule I controlled substances, the most stringent of drug classifications. The ruling allowed the state to enforce a 2021 rule banning many of these THC products that faced an injunction.

Officials in Texas have argued THC products are psychoactive drugs and should be treated as such, according to the Tribune. The Texas legislature sought to implement a ban on many THC products last year, but Governor Greg Abbott, a Republican, vetoed it, saying it would face valid constitutional concerns.

James Talarico’s Chances of Flipping Texas Senate Seat

The latest polls in Texas show Talarico with an early lead despite the state’s reputation as solidly conservative. A Fox News poll found Talarico up 3 points, 51 percent to 48 percent. It was conducted by Beacon Research and Shaw & Company Research from July 23-27, 2026 among 1,006 registered voters.

A poll from The New York Times and Siena University showed each candidate with 47 percent. It surveyed 656 likely voters from June 19-27. A Texas Public Opinion Research poll showed Talarico up 5 points, 45 percent to 40 percent, and it surveyed 1,048 likely voters from July 15-17.

A poll from the University of Texas, conducted among 1,200 registered voters from June 5-12, showed Paxton up a single point, 43 percent to 42 percent.

Democrats have long hoped that Texas, the largest Republican-leaning state, would become more competitive due to blue-shifting suburban areas around cities like Austin, Dallas and Houston.

At the presidential level, that played out throughout the 2010s. Republican margins shrank from nearly 16 points in 2012 to nine points in 2016 to under six points in 2020. Democrats were able to make some races close in Texas, including the 2018 Senate race between Republican Ted Cruz and Democrat Beto O’Rourke.

But 2024 saw Democrats lose ground in Texas as Republicans outperformed among Hispanic and Latino voters. Trump won the state by about 14 points, delivering a blow to Democrats’ hopes of flipping the Lone Star State.

This year presents Democrats with a more favorable national environment due to Trump’s declining popularity amid economic concerns around the cost of living and the Iran war, which sent gas prices surging over recent months. Democrats believe that could expand the Senate battleground and give them an opportunity to win in more conservative states like Texas.

Prediction markets narrowly favored Republicans, with Paxton at 55 percent on Kalshi and 53 percent on Polymarket as of Monday evening.

Prediction markets allow traders to buy and sell contracts tied to political outcomes and current events, aggregating real‑money wagers into probability estimates.

Prices fluctuate as traders react to polling, fundraising, candidate developments and broader political trends. They measure trader sentiment at a given moment but do not always accurately predict the future.

What's Next?

The THC ban is likely to become a flashpoint in Texas politics as the 2026 Senate race intensifies. Talarico is expected to continue using the issue to appeal to independent and younger voters, arguing that regulation is preferable to prohibition, while seeking to highlight divisions between state Republicans and President Trump's past comments on marijuana policy.

Meanwhile, supporters of the ban are expected to defend it as a public safety measure, and legal challenges from THC retailers, industry groups, and affected businesses could emerge as the law takes effect. The debate may also put additional pressure on Paxton to clarify his position on enforcement and marijuana-related policies as the campaign enters a more competitive phase.

With polls showing a potentially tighter-than-expected Senate contest, both candidates are likely to use the THC ban as part of a broader argument about crime, personal freedom, and the role of government in Texas.

Contact Newsweek editors on this story: Jason Lemon and Gray R. Thomas