Legality of hemp in Texas. Is it still a crime in your state?

2023, april, education, hemp, legalidad, legality, Pasadena, Texas -

Legality of hemp in Texas. Is it still a crime in your state?

The legality of hemp in Texas has been a topic of controversy and debate in recent years. While federal law allows the cultivation and production of hemp with less than 0.3% THC, Texas state law has yet to fully address the issue. In this article, you'll explore Texas' laws around hemp and how they vary by area of the state.  (El Paso Times, 2021).

History of hemp in Texas

Hemp has been an important part of Texas history since colonial times. Hemp was used in the production of rope, paper and other materials in colonial times and continued to be an important crop in the state until the 1930s. However, with the federal prohibition of cannabis in 1937, hemp production largely stopped across the country.

The Legalization of Hemp in Texas

In 2018, the Federal Farm Bill was passed, which legalized hemp production nationwide. Federal law defines hemp as any part of the cannabis plant with less than 0.3% THC by dry weight, meaning hemp has no psychoactive effects.  (TDA, 2022).

However, despite the federal legalization of hemp, the legal situation of hemp in Texas is more complicated. Although the state has legalized the cultivation and production of hemp for research purposes, it has not fully legalized hemp for commercial use. In addition, state laws in Texas about hemp are complicated and vary by area of the state.  (Reuters, 2020).

In areas where consumption, production or distribution is severely punished

Despite federal legalization, some counties in Texas still consider hemp and cannabis to be illegal substances. In these counties, possession of any amount of hemp or cannabis can result in criminal charges and severe penalties.

For example, in Tarrant County, any amount of hemp or cannabis is considered an illegal substance and can result in a fine of up to $4,000 and up to one year in jail. Similarly, Grayson County also has strict laws on cannabis and hemp, and possession can result in a jail sentence.

In areas where consumption, production or distribution is allowed

In some areas of Texas, hemp is legal and is being produced and used for commercial purposes. For example, in Williamson County, hemp has become a popular crop for farmers and is being used to produce a variety of products, from food to personal care products.

Additionally, in Travis County, hemp products, such as CBD oils, are widely available in stores and online. Although the state of Texas has not fully legalized hemp for commercial use, hemp-derived products with less than 0.3% THC are legal for sale in the state.  (TDA, 2022).

In Texas, hemp production, distribution, and consumption are regulated by the Texas Department of Agriculture (TDA). In June 2019, Texas Governor Greg Abbott signed Texas Bill 1325, which allowed the cultivation of industrial hemp and the sale of hemp-derived products containing less than 0.3% THC. However, although hemp is legal in Texas, there are certain areas where its production, distribution or consumption are heavily punished.

In El Paso County, for example, the production, distribution or consumption of hemp remains illegal. According to a news article published in the El Paso Times in March 2021, local authorities have taken a very tough stance against hemp, considering it a dangerous drug and not differentiating it from cannabis. People who are found with hemp can face criminal charges and fines, and businesses selling hemp products can be shut down.  (El Paso Times, 2021).

In contrast, Travis County, where the city of Austin is located, is more permissive when it comes to hemp. According to an article published in Texas Monthly magazine  in November 2019, Travis County officials have taken a more progressive stance on hemp. The local police do not consider hemp a dangerous drug and do not confuse it with cannabis. In addition, Travis County allows the sale of hemp products in grocery stores and convenience stores.  (TDA, 2022).

Generally speaking, hemp production, distribution, and consumption are permitted in Texas, as long as certain legal requirements are met. However, it is important to note that there are areas where hemp is still illegal or heavily punished.  (Reuters, 2020).

For example,  in Pasadena, industrial hemp has been a major source of revenue for many U.S. states since the passage of the 2018 Farm Bill, which legalized it at the federal level. Texas is no exception and has begun to establish state regulations for hemp production and marketing. In the city of Pasadena, the hemp industry has begun to grow and is expected to generate significant economic benefits.  (El Paso Times, 2021).

In Texas, the cultivation, processing, and sale of industrial hemp is regulated by the Texas Department of Agriculture (TDA). Under TDA regulations, hemp growers must obtain a license and meet laboratory testing requirements to ensure that the THC content in plants does not exceed 0.3% by dry weight.  (TDA, 2022).

Despite the legality of industrial hemp in Texas, possession and use of marijuana, which contains higher levels of THC, remains illegal in the state. In addition, some municipalities, such as Pasadena, have implemented their own regulations for the production and sale of industrial hemp.

In Pasadena, the cultivation and production of industrial hemp is permitted as long as certain regulations are met. For example, growers are required to obtain a license from the city to operate and laboratory tests are required to ensure that the THC content in plants does not exceed the legal limit of 0.3%. There are also restrictions on where hemp can be grown and processed in the city.

In conclusion, industrial hemp is legal in Texas under certain state and municipal regulations. In the city of Pasadena, hemp cultivation and production is permitted as long as local regulations are complied with. The hemp industry has generated significant economic benefits in Texas and is expected to continue to grow in the city of Pasadena.

Tolgunas curiosities and sanctions regarding the legality in the state of Texas depending on the area to the production, distribution and consumption of hemp, with sources in APA format.

  • Even though hemp production and sale is legal in Texas, state laws do not protect consumers from potential interactions with law enforcement. Police can detain people transporting hemp and confiscate their products, even if they meet legal requirements. This is because the police can't always distinguish between hemp and marijuana, and can take action against any substance that appears to be cannabis. (Reuters, 2020).
  • In some Texas counties, the production and sale of hemp remains illegal. In El Paso County, for example, the possession and sale of hemp is considered a misdemeanor, and people found with hemp can face criminal charges and fines. (El Paso Times, 2021).
  • In addition to criminal penalties, people who work with hemp in Texas may also face financial penalties. The Texas Department of Agriculture (TDA) charges fees for inspection and registration of hemp crops, and fines may be imposed on producers who fail to comply with regulations. (TDA, 2022).

Sources:

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