Texas Hemp Farming Act
The Texas Hemp Farming Act, currently H.B. 1325 is two-stepping its way toward the hemp dance floor. While a number of hemp related bills were submitted this 86th legislative session, H.B. 1325 seems to have the most momentum and if Texas is going to be invited to the hemp party, it will likely be on the wheels of this bill.
What will the new law be called?
The Texas Hemp Farming Act
When will it go into effect?
If signed, the earliest of signing day (with 2/3 house votes) or latest of September 1, 2019.
What is the Act’s purpose?
To promote the cultivation and processing of hemp and develop new commercial markets for farmers and businesses through the sale of hemp products. In other words, it will be legal to grow and sell hemp products.
Who will oversee the Texas Hemp Farming Act?
The Texas Department of Agriculture will be responsible for monitoring and developing rules for the cultivation and processing of hemp, including land plotting requirements, testing requirements, disposal requirements, inspection requirements and penalties and sanctions. The Texas Department of State Health and Services will be responsible for monitoring and developing rules for the manufacturing, packaging, transportation, sale and use of consumable hemp products.
How is Hemp Defined in the Act?
Similar to federal law, Texas hemp will be lawful it it contains less than 0.3% THC.
Specifically “hemp” means the plant Cannabis sativa L, and any part of that plant including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis (or in a hemp product).
Hemp products include cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics and any product containing one or more hemp-derived cannabinoids, including cannabidiol.
Are there packaging and labeling requirements?
Yes. Under the act there is a laundry list of information that must be accessible either on the packaging itself or URL or barcode that points to a webpage.
Are any products prohibited?
Yes. The processing or manufacturing of a hemp product for smoking is expressly prohibited under the Texas Farm Act.
What about hemp products made in other states?
Retail sales of hemp products manufactured or processed outside of Texas are allowed as long as the products were processed and cultivated legally in another state or jurisdiction that has the same or substantially similar requirements for processing or cultivating hemp products as Texas.
If you are a farmer or business who needs legal Cannabis assistance in Texas, contact The Adamo & Adamo Law Firm today to learn more.