With Texas Governor Greg Abbott’s signature, a new law has been put into effect in the state regarding the sale of CBD. More specifically, a limit has been placed on the specific types of hemp that are legally allowed to be manufactured throughout the state, since any type of cannabis plant with a smokable flower is not permitted. Furthermore, it requires CBD sellers to register in Texas if they wish to sell products containing hemp-derived CBD.
These measures are part of HB 1325 earlier in 2019, which stated more broadly that the Department of State Health Services would have to:
- Create a licensure program for consumable or edible hemp products
- Create a registration process for retail vendors selling consumable CBD-containing products
- Work with the Department of Public Safety to do random testing on retail products containing CBD
While this new law signed by Governor Abbott is in effect throughout the state, those who wish to farm hemp anywhere in Texas must wait until 2020 before they are legally permitted to start growing. According to reports, the delay is necessary in order to ensure that state authorities are able to successfully implement any regulations involving THC testing before farmers start cultivating hemp in mass.
Regarding the law, Texas House Republican Charles Perry had the following to say:
“The hemp industry is rapidly growing and we need to ensure our farmers are able to participate. We hope this agricultural commodity will help boost rural communities now that there is a new viable crop option for our farmers.”
Additionally, the director of Texans for Responsible Marijuana Policy offered the following statement that praised the bill for helping to clarify the new law:
“The Texas Legislature got at least one thing right this session when they legalized hemp. Finally, Texas farmers are no longer cut out of this lucrative agricultural market. Plus, Texans are now free to use CBD. There’s a lot to be excited about with this legislation.”
Other portions of the new rule signed by Governor Abbott include the following:
- Farmer application fees will be officially capped at a total of $100
- Additionally, there will be a further $100 licensing fee per location
- THC testing fees will be capped at $300
- Any type of hemp product that contains what the law lists as “more than trace amounts of cannabinoids” will be required to feature labels which clearly state that the products themselves are indeed hemp and not actual marijuana.
- The state of Texas does not and will not ban any sales or possession of smokable hemp, but will ban the manufacturing of smokable hemp
It’s important to note that marijuana and hemp are both derived from the cannabis plant, but the legal definition of hemp in Texas means that the plant has less than .3% THC by dry weight. Marijuana remains illegal in the state of Texas.
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