Are Hemp Buds Legal In Texas?

is hemp flower legal in texas?

 

Texas is one hemp flower loving state, as it is one of our most shipped to states here at Dreamland Organics. Texas does have some laws in place, which make it a little difficult to understand the legality of hemp flower in the state. In this article we will dive into Texas hemp regulations and whether or not hemp flower is legal in Texas. 

Is Hemp Flower Legal In Texas?

In 2019, Texas passed a law legalizing hemp in the state. That's right, industrial hemp flower in Texas is perfectly legal. What's confusing is how the new Texas law on hemp was written. The new hemp laws in Texas banned smokable hemp flower - but that only applies to the processing of hemp!

In other words, hemp is legal in Texas. But the Texas law on hemp means that producers and retailers were told in 2019 they couldn't market smokable hemp in Texas. 

So you might ask, "Can I smoke hemp flower in Texas?" Yes, yes you can. There is still legal hemp for sale in Texas. You can buy it, in all your favorite forms. You can find hemp buds and other forms of legal hemp in Texas. CBD infused foods and other hemp derived products are available.

 Maybe these confusing new Texas hemp flower regulations are why we see so many orders from Texas. Until recently you could not buy hemp flower in the state. In steps online retailers of hemp bud like DreamlandOrganics.com to the rescue.

Texas State Laws Get Weirder In 2021

In August, the smokable hemp flower ban was lifted in Texas, with one caveat. You cannot produce smokable hemp in the state. So retailers now have to purchase hemp flower out of state, to sell in Texas. Wait, really?

Yeah, really. Basically the laws in Texas allow hemp producers to turn their hemp plants into CBD products.  CBD is legal in Texas, and all forms of CBD products, as long as the THC is not above .3%. You can grow cannabis plants, produce and harvest the hemp, and turn it into anything but smokable product.

Yes, that's right: Industrial hemp growers in Texas can grow cannabis plants in state to be processed in any other "non-smokable" form. It's confusing and (in our opinion, anyway) unnecessarily complicated, so here's hoping that Texas law finds a more sensible approach soon.

However, consumers can still smoke it. You can buy smokable hemp flower from out of state, and it's legal to have. You're allowed to grow hemp in Texas, you're allowed to smoke hemp in Texas, but you're not allowed to grow hemp and sell it to be smoked. I mean - what?

is cbd hemp oil legal in texas

Don't ask us, it's not our rule. It's like selling broccoli - but saying you can't sauté it, you can only boil it. Regardless on the non-sensical rules, the lone star state now okays hemp flower for legal retail sale - as long as it was not produced in Texas.

So it's good news for retail shops wanting to sell hemp flower and for hemp flower consumers, but it's a slap in the face for hemp growers in our opinion. They can still grow and use their products for everything but smokable hemp, so there are options. 

Still, it cuts them completely out of their own state's smokable hemp market. All it does is force people in Texas to purchase out of state products, rather than support nearby farms.

We just want to reiterate that it has been legal to produce hemp flower in the state since 2019. 2014 and 2018's farm bills made hemp legal at the national level, while allowing states to enact their own local laws. So, you have basically been able to smoke hemp flower legally in Texas since 2014, as it has been a legal substance, not regulated by the Food and Drug Administration.

The laws in Texas are far from being in their final state. There are still farms and companies challenging the most recent ruling. Texas is a bit resistant toward accepting the legality of hemp, as dictated by the 2018 farm bill. We'll have to wait and see what continues to occur. The latest court ruling occurred in August 2021, so things are obviously still evolving.

Is CBD Legal In Texas? Can I Buy CBD Oil In Texas?

Buying, selling and possessing hemp-derived CBD is legal in Texas. You can buy CBD oil or any of your favorite CBD products in Texas. 

CBD is legal in Texas as long as it follows the same rule as the Farm Bill - that THC content cannot be over .3% THC. In fact, we ship products like CBD oil to Texas all the time. 

Is Delta 8 Legal In Texas?

Delta-8 is a controversial substance in many states. In Texas, it's illegal as of October 2021.

The Farm Bill specified that hemp with a THC content below .3% is legal by federal law, which syncs up with current Texas state laws.  

However, this left the cannabis extract Delta-8 in a bit of a gray area. THC content refers specifically to the Delta-9 THC. Delta-9 has a psychoactive effect, which causes the "high" when you ingest marijuana. 

Delta-8 isn't limited or specified in the Farm Bill, but it has a similar psychoactive effect when ingested. It's less potent than Delta-9, but not entirely benign. For this reason, many states have taken individual steps to limit or make Delta-8 illegal.

Texas is one of these states. Delta-8 is still considered a controlled substance, which means that the Controlled Substances Act applies to Delta-8 products. Texas Department Of State Health Services classified Delta-8 as a Schedule 1 controlled substance in October. 

What About Marijuana And The Compassionate-Use Program?

With most hemp products becoming legal in Texas state law, many people may choose to use CBD therapy. You can buy CBD in Texas, in all your favorite forms. Hemp buds, CBD hemp oil, it's all perfectly legal and above board.

However, people with medical conditions who can benefit from marijuana do have some options. While most people can not legally smoke marijuana, the Compassionate-Use Program does leave certain exceptions available. 

First enacted in 2015 by the Compassionate-Use Act, it was originally only for people with intractable epilepsy. It has since expanded, and as of this time, is open as a treatment for the following conditions:

  • Autism
  • Cancer
  • Epilepsy
  • Post-Traumatic Stress Disorder
  • Seizure disorder
  • Multiple Sclerosis
  • Amyotrophic lateral sclerosis
  • An incurable neurodegenerative disease
  • Spasticity
It's worth noting that this doesn't make all marijuana legal for eligible users. There's still a THC limit, at a maximum of 1%. This limit was raised to its current 1% limit as of September 2021, by Texas House Bill 1535.

Can You Smoke Hemp In Public In Texas?

No, even though smoking hemp is legal, you can't smoke it in public. Not because it's illegal (technically it's not) - but because police can't really tell the difference between marijuana and hemp by sight alone. 

If you're caught with hemp in public, you're almost definitely going to be charged with possession of marijuana. Now, potentially, law enforcement can seize the product, wait a few weeks to test it, let you challenge this through (probably multiple) court hearings, and so on. Sooner or later, you may be able to prove that you had hemp (which is legal) and not marijuana, so no crime occurred.

But boy, that's a lot of hassle. Who wants to fight law enforcement this bad? Just wait to smoke it at home.

Conclusion

I'm not sure if this article has cleared anything up concerning hemp flower legality in Texas, or just muddied the water, but here is the bottom line.

  • You can sell hemp products in Texas,
  • You can smoke hemp flower in Texas
  • You can grow hemp plants in Texas.
  • You just cannot sell hemp plants you grew in Texas as smokable hemp flower in Texas.

Here's the good news Texans: Dreamland Organics ships to Texas and has some of the best hemp flower available anywhere in the world. So order away without fear of persecution. To the hemp farmers of Texas, we feel your pain and stand with you as fellow hemp farmers. Hold the line, your time to shine will eventually come. Stay blessed everyone and choose high quality, organic hemp flowers.

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