Submit your public comments on this proposed ban.

Last year, both the state and federal governments legalized low-THC (.3%) cannabis, defining it as hemp. Consumable hemp is now completely legal to possess and use, including oils, edibles, hemp flower, and vape cartridges. These products are widely available throughout the state and have been a blessing to many Texans who can benefit from cannabis, but do not qualify to participate in the Compassionate Use Program.

In December, we reported that draft rules proposed by the Texas Department of State Health Services (DSHS) would ban in-state retail sales of consumable hemp products intended for smoking, with a definition that includes vaping.

On May 8, DSHS moved forward with formally proposing these rules, including the following restriction:

§300.104.Manufacture, Processing, Distribution, and Retail Sale of Hemp Products for Smoking. 

The manufacture, processing, distribution, or retail sale of consumable hemp products for smoking is prohibited.

State law, as instituted with the passage of HB 1325, does prohibit the in-state manufacturing of hemp products intended for smoking. However, the law does not prohibit in-state retail sales of products manufactured outside Texas, as long as those products are cultivated and manufactured in compliance with federal law.

If adopted, these regulations would ban Texas businesses from selling hemp/CBD vape cartridges, cutting them out of this thriving market and pushing consumers to out-of-state retailers. It would also require that any hemp flower being sold is marketed for non-smokable purposes (making tinctures, oils, edibles, lotions, etc.). This means pre-rolled hemp would not be allowed. 

Prohibiting Texas companies from selling a product that is legal to possess and use in our state is bad for business and bad for our state. Plus, courts in Indiana and Florida have ruled already against these kinds of restrictions.

NOTE: None of the rules up for consideration would ban consumers from possessing these products or from purchasing them online from other states.

TAKE ACTION: DSHS is accepting input on these proposed rules until June 8 and there is time for revision before they are made final. If you are concerned about this issue, please respectfully share your feedback.

At the end of 2018, hemp was legalized nationwide and in June 2019, state lawmakers instituted the Texas Hemp Program. Since then, the Texas Department of Agriculture (TDA)​ and Department of State Health Services (DSHS)​ have worked to establish the regulatory infrastructure for this program, including business licensing, testing standards, and rules relating to both industrial and consumable hemp products.

Here’s the latest…

BIG NEWS: ​TDA has adopted official rules​ governing the production (cultivation), processing, handling, sampling, testing, and disposal of hemp, which is defined as cannabis with less than .3% THC. According to an article published by the Austin-American Statesman, “The Texas Department of Agriculture has said it expects to start accepting online applications for hemp licenses on March 16.“​ 

TDA also published a list of certified hemp seed varieties​. Here’s the application​ for getting additional varieties approved.

BIG PROBLEM: DSHS is responsible for licensing the manufacturing, processing, and distribution of hemp products. Draft rules published by DSHS still include a provisions that would ban the in-state sale of consumable hemp products intended for smoking or vaping. 

Read more about this overreach of authority and take action​ to bring the proposed rules in line with state law, which does NOT prohibit the retail sale of these legal products.

UPDATE FROM THE USDA: Federal law requires labs testing hemp be DEA-registered. Since there are not enough DEA-registered labs across the country, the USDA has decided to not enforce this requirement​ for the duration of this crop year. Texas labs testing hemp will need to be registered with TDA. 

Additionally, the USDA has identified six methods of disposal​ for “hot” crops that have levels of THC higher than .3%.

As our state laws continue to evolve, law enforcement is working to adjust procedures and protocols for differentiating between legal cannabis (hemp) and illegal cannabis (marijuana).

The Texas Forensic Science Commission discussed this issue. Watch to learn about their progress:

Texas farmers are one step closer to their opportunity to grow hemp!

Yesterday afternoon, the USDA approved our state’s plan to regulate hemp. Before licenses can be issued, though, the Texas Department of Agriculture (TDA) must adopt rules for the regulation of hemp cultivation and manufacturing. Last week, TDA hosted a hearing to accept public comment relating to their draft rules (FAQ). They’re still accepting public input via email: RuleComments@TexasAgriculture.gov.

Separately, the Texas Department of State Health Services (DSHS) is charged with regulating retail sales of consumable hemp products. Proposed rules have been published and are mostly good, aiming to protect consumers. However, DSHS seems to be overstepping their authority with a provision banning in-state retail sales of “smokable” hemp products. 

While the Legislature did prohibit the manufacturing of “smokable” hemp, they did not prohibit the sale of products manufactured outside of Texas. DSHS has received considerable feedback and is expected to publish a revised draft of the rules in February, giving time for more feedback before finalizing in March. Read more here and consider contacting regulators if this is important to you.

Important Note: Every part of the hemp plant (including the flower with < .3% THC) is and will remain legal to possess under all proposed rules and statutes in place. The only question is whether or not regulators are going to cut Texas businesses out of the market, pushing consumers to out-of-state retailers.

Stay tuned for more updates as they are available. If you appreciate the work we do, please consider making a donation or becoming a sustaining member!

With unanimous approval, last night the Austin City Council approved a resolution that will put an end to arrests for low-level marijuana possession!

This resolution does the following:

• Commit to not wasting city resources on testing THC levels for low-level marijuana offenses
• To the extent allowable under state law, stop the APD from citing and arresting people for possession of marijuana cases they know will be rejected by the prosecutors

Click here to read public comments offered by Heather Fazio, director of Texans for Responsible Marijuana Policy and click here to watch the video of all public comment.

Special THANKS to the resolution sponsors: Council Member Gregorio Casar, Council Member Natasha Harper-Madison, Mayor Pro Tem Delia Garza, and Council Member Jimmy Flannigan!
View Austin City Council Agenda.

WACO — The Texas Department of Agriculture (TDA) hosted a hearing at the Texas Farm Bureau Conference Center to accept public comments on the draft hemp rules, which were published Friday, Jan. 10, 2020.

Hearing audio transcript available here.

Hemp (cannabis with < 0.3% THC) is currently legal to sell, possess, and consume in our state. Regulatory agencies are working to establish rules that create licensing requirements for cultivators, manufacturers, and retailers. If you are currently selling consumable hemp products, you will soon need a retail license. Details to be determined.

More information and Frequently Asked Questions about the Texas hemp program can be found on the TDA website here. Submit your comments and suggested amendments to the rules via email: rulecomments@texasagriculture.gov.

The Texas Hemp Program outline has been sent to the U.S. Department of Agriculture (USDA) for approval.  This document and the proposed rules must be approved and finalized before TDA can begin granting licenses to legally grow hemp in Texas.

Commissioner Miller said at the hearing that he expected licensing to be available in early-mid March. Rules must be finalized before licensing can begin.

Related: The Texas Department of State Health Services (DSHS) is considering draft rules to regulate consumable hemp products. Most of the rules are acceptable, but they are setting outside of their statutory authority with a provision that would ban “smokable” hemp. Read more here.

On Thursday, January 23rd, the Austin City Council will consider Item 59, a resolution that would limit enforcement of low-level possession of marijuana (POM). This will help countless Austin residents avoid the devastating consequences of criminal marijuana enforcement, which disproportionately impact people of color and already-struggling communities. 

Please ask your Council Member to approve this important resolution!

This resolution would do the following:

• Commit to not wasting city resources on testing THC levels for low-level marijuana offenses
• To the extent allowable under state law, stop the APD from citing and arresting people for POM cases they know will be rejected by the prosecutors

Special THANKS to the resolution sponsors: Council Member Gregorio Casar, Council Member Natasha Harper-Madison, Mayor Pro Tem Delia Garza, and Council Member Jimmy Flannigan!
View Austin City Council Agenda.

Show up this Thursday, January 23!

The #DecrimATX resolution will be considered in the evening, so show up at City Hall at 5:30pm to register your support for the resolution!

Free parking is available in the City Hall parking garage. Upon arrival, locate a kiosk and register your support for Item 59.

Media Coverage: Texas Tribune | Austin Chronicle |KXAN | Texas Observer | KLBJ 590 (Audio) | KXAN (again)

Hemp was legalized at the state and federal levels in 2019, bringing an end to the prohibition of broad spectrum (low-THC – .3%) cannabis!

Now, regulatory agencies are working to establish rules for implementation, including the licensing of cultivators, manufacturers, and retailers. Sid Miller, our state’s Ag. Commissioner, has announced the first formal hearing to accept public comment on his department’s draft rules, which are currently being considered for approval by the USDA.

Public comment will be accepted at the meeting and written comments can be emailed to TDAHempProgram@TexasAgriculture.gov.

Commissioner Miller’s Press Release

Sid Miller, Commissioner of the Texas Department of Agriculture (TDA), announced he will host a public hearing to take public comments on the Texas hemp rules. The rules were published Friday, Jan. 10, on the Texas Register. The hearing will be held on Jan. 22 at 9 a.m. at the Texas Farm Bureau Conference Center in Waco, Texas.

The Texas Hemp Program outline has been sent to the U.S. Department of Agriculture (USDA) for approval.  This document and the proposed rules must be approved and finalized before TDA can begin granting licenses to legally grow hemp in Texas.

Proposed rules are published on the Texas Register and are available on the TDA website.

For Frequently Asked Questions about the Texas hemp rules and more information on the upcoming hemp program, visit the TDA website here.

Related: The Texas Department of State Health Services (DSHS) is considering draft rules to regulate consumable hemp products. Most of the rules are acceptable, but they are setting outside of their statutory authority with a provision that would ban “smokable” hemp. Read more here.