When U.S. President signed the Farm Bill at the end of 2018, the door opened for many states to start growing hemp. Particularly those without recreational or medical cannabis laws in place.
Under this Bill, it became legal to cultivate industrial hemp, so long as it contained less than 0.3% THC by dry weight.
Texas, however, didn’t jump on board right away. But by June 2019, Texas Governor passed House Bill 1325 which authorized the production, manufacture, and retail sale of hemp and hemp-derived products.
But, there’s a bit of a gray area here, which we’ll cover in this article. Also, we’ll provide thorough answers to the two-pronged question of: is hemp flower legal in Texas to grow, and is hemp flower legal to consume?
In the meantime, we’ll give you the short answer. Yes, hemp flower is legal to grow and consume in the state of Texas. But keep reading to find out the nuanced answers for each of these questions.
Let’s get started!
Can Texas Farmers Legally Grow Hemp?
Yes, farmers in Texas are allowed to grow hemp once they apply for and receive a license to do so. All interested farmers must complete an application with the Texas Department of Agriculture (TDA).
Let’s walk you through some important dates that led up to the legalization of hemp farming in Texas.
Texas Governor, Greg Abbott, signed House Bill 1325 on June 10, 2019, which went into effect immediately. Then in December 2019, TDA Commissioner, Sid Miller, and his staff submitted a plan to the USDA proposing the rules and regulations of its hemp farming program.
The USDA reviewed Texas’ plan and provided some comments, which the TDA addressed. After making the requested revisions, the USDA approved Texas’ hemp farming plan on January 27, 2020.
Several weeks later, after ironing out some final details, the Texas Department of Agriculture adopted its plan and started taking applications on March 16, 2020.
In early April 2020, Sid Miller announced that Texas granted its first hemp growing license to a farmer in Killeen, Texas.
Is CBD Legal in Texas?
After covering the hemp growing laws in Texas, let’s talk about whether CBD, the cannabinoid produced by the hemp plant, is legal.
For starters, the Texas Department of State Health Services (DSHS) is the governing body that regulates consumable CBD hemp products. At this time, the DSHS allows registered Texas retailers to sell hemp-derived consumables within certain guidelines.
To comply with federal and state regulations, consumable hemp products cannot contain more than 0.3% THC. Additionally, the CBD products sold in retail stores, or online for that matter, cannot make any medical claims. Finally, the DSHS advises Texas residents to buy CBD products that are free of pesticides, heavy metals, residual solvents, and other harmful contaminants.
Seems fairly straight forward, right? So far yes, but it gets a little sticky because the Food & Drug Administration (FDA) has federal jurisdiction over CBD based products. Essentially, whatever they say goes. Sadly, they haven’t said or done a lot yet.
The FDA is responsible for monitoring and enforcing the marketing of drugs, cosmetics, food, devices, and dietary supplements — and CBD hemp products fall within these categories.
But, they haven’t established the exact rules or requirements for marketing and selling CBD products. And this doesn’t only affect Texas, it affects all states in the U.S.
So, at this moment, Texas is doing the best they can with the information given. Until further notice, state retailers can carry and sell CBD-infused products like oils, tinctures, edibles, vapes, topicals, and hemp flower.
Texas Hemp Flower Laws
Texas is one of several states in the U.S. without medical or recreational cannabis laws — yet. So, when law enforcement sees people smoking cannabis, they’re having a hard time distinguishing whether it’s hemp flower or marijuana (high-THC) flower.
As long as marijuana remains illegal in Texas, law enforcement may assume that anyone smoking hemp flower is smoking marijuana. Sadly, there’s no test that can quickly determine whether a flower strain is below the legal limit of 0.3% THC.
Additionally, House Bill 1325 signed by the Texas Governor in June 2019, states that the processing and manufacturing of hemp flower (not all hemp) for Texas farmers are prohibited.
But, nothing in the Bill says anything about consumption. So, the key takeaway here is this. CBD hemp flower is legal in Texas.
If you want to buy some but only have limited options at your local retailer in Texas, try searching online. You can find high-quality hemp flower sold by top brands in the industry. We’ll dive into this a bit later in the article.
As a word to the wise, it’s probably best to avoid smoking your hemp flower or pre-rolls in public and remain as discreet as possible while smoking.
Is Hemp Flower Different Than Marijuana?
This is a good time to discuss the differences between hemp flower and marijuana. Hemp flower is one of the major components of the hemp plant. Besides flower, the plant also has stalks, seeds, and leaves. The flower stands out from the rest of the plant for its high CBD content. Of course, the stalks, seeds, and leaves have significant value too, but just in different ways.
Hemp flower buds contain high percentages of CBD and low percentages of THC. Some hemp strains even include small amounts of other non-intoxicating cannabinoids like CBG, CBC, CBN, and CBDV.
Whereas, marijuana strains generally have a high amount of THC and low amounts of CBD and other cannabinoids. Since THC (tetrahydrocannabinol) has psychoactive effects known to give users a ‘head high’, it’s been widely illegal in the U.S. since the War on Drugs began in 1970.
These two cannabis plants often get confused because they have a similar look and smell.
But, rest assured, with the U.S. Farm Bill in place, hemp flower can’t contain more than 0.3% THC. Although everyone has a unique response to smoking hemp, this minute percentage is too small to produce psychoactive effects.
How is CBD Hemp Flower Different Than Other CBD Products?
CBD hemp flower is gaining popularity due to its fast onset of effects. When you smoke hemp flower, the beneficial compounds reach your bloodstream immediately via your lungs. Many people love hemp flower for this reason alone.
Also, there are several ways to enjoy hemp flower, making this method appealing to a diverse range of people. Some users love to smoke it in a pipe, a water bong, or a pre-roll.
When you compare CBD hemp flower to products like CBD oil and gummies, the effects of these methods take a bit longer to feel. A tincture could take 30 minutes to one hour, whereas an edible can take one to two hours before the effects settle in.
However, the effects of these two consumption methods are longer-lasting, so that’s an advantage to many people.
Where to Buy Hemp Flower in Texas
As we mentioned earlier, if you can’t find a premium hemp flower that’s organic and lab-tested, you’ll have a lot more success finding it online.
Plus, when you shop online you have the benefit of reading about the strain type, its possible effects, CBD percentages, its origin, and the third-party lab reports. If you can’t find a copy of the lab report, called the Certificate of Analysis (COA), send an email to the CBD company and ask for one. They should be more than happy to send it over.
Once you get a copy of the COA you’ll be able to verify the percentage of CBD shown on the website. Also, it will show you what the THC percentage is. Remember, the laws state that CBD flower cannot have more than 0.3% THC. You can easily find out the percentage of THC when reading the cannabinoid profile, which is part of the Certificate of Analysis.
Lastly, buying online gives you a chance to read reviews from customers who’ve tried the strain. You can get valuable insights from their feedback which can help you decide on the hemp strain that’s best for you.
As a company that loves hemp and strives to share its benefits with the masses, we only provide the best in quality for our customers. We start by sourcing our CBD flower from expert hemp growers in Oregon. These farmers use organic and sustainable farming methods to ensure safe crops and preservation of the land.
Also, we send our flower to third-party labs for testing. Check out reviews from our happy and grateful customers to read what they love about our organic CBD nugs.