It is clear that distributors of hemp have intentionally bent the rules to sell psychoactive compounds within Texas.
In December 2018, the federal government passed the Agriculture Improvement Act of 2018 (sometimes called the 2018 Farm Bill), which, among other things, eased restrictions on the use and production of hemp. In order to do this a legal distinction had to be made between hemp and marijuana. While scientifically hemp and marijuana are the same species of flowering plant in the Cannabaceae family, the 2018 Farm Bill sought out a means to differentiate between the two.
Under the enacted bill, a state that wishes to have primary regulatory authority over hemp must submit a plan to the U.S. Department of Agriculture for approval. The plan must meet certain requirements, such as establishing protocols for testing the Delta-9 tetrahydrocannabinol (THC) concentration of hemp and conducting annual inspections of hemp producers to verify that hemp is not produced in violation of federal law.
In 2019, Texas enacted House Bill 1325 (86R, King, T.), which directed the Texas Department of Agriculture (TDA), in consultation with the Governor and Attorney General, to submit a plan satisfying those federal requirements. HB 1325 tracked significant portions of the federal law verbatim. Additionally, the bill defined hemp as any part of the cannabis sativa plant having a THC concentration of not more than 0.3 percent on a dry weight basis, removed hemp from the controlled substances list, and provided that hemp is not “marihuana” for purposes of the Health and Safety Code. These provisions exempt hemp from the Texas Controlled Substances Act under both laws pertaining to controlled substances and marijuana.
Download the full PDF.