After passing the 2019 law that legalized hemp in Texas, Gov. Greg Abbott and other state officials insisted that the law not decriminalize marijuana. But the law was still followed by a sharp drop in marijuana arrests statewide, as some counties stopped prosecuting marijuana possessions, and others lacked the testing capabilities to distinguish between marijuana and legal hemp. The history of hemp in America goes back to the founding fathers. George Washington harvested it extensively on his farms in Mount Vernon, Virginia, and used his fibers to repair his fishing nets. AUSTIN, Texas (CN) — Texas` ban on making smokable hemp products is consistent with its long history of regulating cannabis, the state Supreme Court ruled Friday, so there is no right to do so under the Texas Constitution. Delta-8 remains legal in Texas as an ongoing lawsuit against DSHS determines whether the agency can ban Delta-8. A district judge ruled that DSHS did not comply with Texas` requirements when it listed Delta-8 as an illegal drug and therefore cannot enforce the order that makes the drug illegal. The injunction lasts only until there is an official decision in the case.
Hometown Hero, an Austin-based pharmacy involved in the lawsuit, did not respond to a request for comment, but said in a January 2022 YouTube video that no hearing date had been set for the case. If you have any questions about the cogeneration licensing or retail hemp registration processes, please email the Hemp Licensing and Registration Program. The laws of the state of Texas regarding marijuana, hemp and CBD are complicated and have recently undergone significant changes. While some states have taken steps toward decriminalization, marijuana is still illegal in Texas. Recently, however, Texas has decriminalized hemp and medical marijuana in limited situations. Read below to find out the differences between hemp, marijuana, CBD and what is currently legal and illegal in Texas. While Texas now allows the production of products from hemp, it doesn`t turn Crown Distribution and America Juice Co.`s desire to make hemp cigarettes into a constitutionally protected interest, Boyd noted. Marijuana is classified as a cannabis plant or its derivatives that have a THC concentration of more than 0.3%. If the substance contains less THC, it is considered hemp. The recent legalization of hemp has led some prosecutors to distance themselves from criminal charges against people carrying a small amount of marijuana because state laboratories do not have the resources to determine the exact THC content of a substance. Instead, many Texas law enforcement agencies have implemented citation and release guidelines for low-level marijuana charges.
Whether a CBD product is legal in Texas or not depends on its THC concentration. Hemp-derived CBD with a THC content of less than 0.3% is legal. However, MARIJUANA-derived CBD with a THC content of more than 0.3% is illegal. The regulation of CBD consumables (including oil) is done in accordance with FDA guidelines. At the state level, the Texas Department of State and Health Services monitors CBD consumables. Prior to the passage of the Hemp Act, law enforcement agencies in Harris, Dallas, Bexar and Nueces counties had already stopped arresting many people found in an initial offense involving small amounts of drugs. Instead, they can offer distraction programs to save defendants from prison or issue quotes to people with a lot of marijuana. Marijuana is illegal in Texas.
Some of the most common marijuana crimes in Texas include: Some of the most popular forms of hemp consumption containing CBD are smoking cigarette-like tubes and vape cartridges. Surveys have shown that support for some form of marijuana legalization has remained strong in recent years. Another lawyer for the hemp companies, Chelsie Spencer of Ritter Spencer in Addison, Texas, said it would force her to close her smokable hemp business in Dallas and move it to her Oklahoma plant. In its official platform, the Texas Republican Party supports the federal government, cannabis from a List I drug — drugs with high potential for abuse and no medical use — to a List II drug — drugs that have accepted medical purposes but still have a high potential for abuse. While this change recognizes cannabis use as a medical treatment at the federal level, it would remain illegal for recreational use at the federal level.