Texas Regulators Push to Ban Retail Sales of Hemp Flower

Earlier this year, both the state and federal governments legalized low-THC (.3%) cannabis, defining it as hemp and clarifying ambiguity created by the 2014 Farm Bill.

With the laws changed, hemp (including flower) has become widely available in shops throughout the state. Consumers have been free to use this legal, low-THC cannabis however they so choose.

However, new rules being proposed by the Texas Department of State Health Services (DSHS) would ban the retail sales of “smokable” hemp products, something they do not seem to have the authority to do.

“Rule §300.004 MANUFACTURE OF SMOKABLE HEMP PRODUCT. (a) The processing, manufacturing, and retail sale of consumable hemp products for smoking is prohibited.”

State law, as instituted with the passage of HB 1325 in June, does prohibit the processing or manufacturing of smokable hemp products in Texas, but it does not prohibit the retail sales of products that are processed or manufactured outside the state and sold in Texas, as long as those products are in compliance with federal and state law.

DSHS’s proposed rules are up for consideration through December 31, 2019 and they are accepting public comment. If you are concerned about this issue (or anything else in the proposed rules), take time to contact the department with thoughtful feedback.

Email DSHSHempProgram@dshs.texas.gov or mail comments to:

Department of State Health Services, MC 1987
Hemp Program Comments
8407 Wall Street
Austin, Texas, 78754

A public hearing was hosted on December 17, 2019, but very few people were there to testify.

RELATED: Texas Hemp Update!

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