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.

Thanks to you and the millions who support cannabis law reform in our state, 2019 was a year of historic progress!

HEMP: State and federal legalization of hemp! This plant is not only valuable therapeutically, but there’s a huge market opening up for Texas farmers and entrepreneurs. Rules and regulations are still be developed, but legal hemp will soon be grown and sold in Texas!

MEDICAL CANNABIS: Expanded access to the Compassionate Use Program!
The program is still unreasonably restrictive, but as of 2019, more patients have access to medical cannabis being cultivated, processed, and sold in dispensaries right here in Texas. Patients deserve access to full spectrum cannabis and we will keep fighting!

MARIJUANA PENALTY REDUCTION:For the first time, the Texas House approved a bill to reduce penalties for low-level marijuana possession! The bill passed with bipartisan support and was backed by the governor, but didn’t get a vote in the Senate (thanks to Lt. Governor Dan Patrick). We have nearly a year to influence him and earn his support in 2021!

STATEWIDE IMPACT: Because of shifting laws and public opinion, Texas state police (DPS) and law enforcement in all metro areas are now issuing citations for marijuana possession, rather than making arrests.

ENCOURAGING NEWS: Just last week, Governor Greg Abbott pardoned two Texans who had lived many years with marijuana convictions! Now, with a clean record, these individuals may be able to further education, get a good paying job, and attain safe housing. Hopefully, they are the first of many pardoned for the-never-shoulda-been-a-crime of marijuana possession.

To make all of this possible (and thanks entirely to your support!), we worked with our allies to host training events, educational exhibits, lobby days, press conferences, and the second annual Texas Marijuana Policy Conference. We put together resource materials for lawmakers, worked with their staff, and pushed hard for votes on important bills. We’ve earned statewide media coverage and put a professional foot forward to advance our shared cause.

Let’s keep up our momentum and utilize 2020 as an opportunity to set ourselves up for success when the legislature convenes in January 2021!

Long awaited draft rules relating to the cultivation, manufacture, and sale of hemp and hemp products have been released!

In January, the United States legalized low-THC cannabis (.3%), defining it as hemp and authorizing interstate commerce. Texas followed suit in June. Since then, we’ve all been waiting for rules to be drafted with details about licensing, testing, and other requirements.

At long last, the USDA published their interim rules, allowing states to submit their regulatory plans for approval. In this December 2 letter to the USDA, Agriculture Commissioner Sid Miller did just that, setting Texas up to establish what could be the largest hemp market in the country.

Once our state plan is approved, The Texas Department of Agriculture (TDA) will have to go through the formal approval process for state regulations, so there is time to amend the draft rules if necessary. More information about the Texas Hemp Program can be found here.

RELATED: The Texas Department of State Health Services (DSHS) is tasked with regulating consumable hemp products. While many of their recently proposed rules are reasonable, they are attempting to prohibit in-state sales of “smokeable” hemp, something they don’t seem to have the authority to do. More here.

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, does prohibit the manufacturing of smokable hemp products in Texas. However, it does not prohibit the retail sales of products that are manufactured outside the state, as long as those products are in compliance with federal law. ​If adopted, these regulations would cut Texas businesses out of the market, pushing consumers to out-of-state retailers.

DSHS is still 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!