Texas Department of Agriculture Director (TDA), rebuts a GOP Senator’s “incorrect claims” that the state is not in compliance with federal laws on hemp. He’s signaling, however, that changes could be on the way to assess the “total” THC content of hemp to establish the legality. This is something that may negatively affect the hemp industry.
Governor Abbott (R) signed an executive order to impose certain restrictions on the market. The bill, which was controversial and sought to prohibit hemp products that contain any amount of THC in two special sessions after the governor vetoed a measure of the same nature earlier this year. Greg Abbott signed an Executive Order to place certain restrictions on market.
Sen. Charles Perry sent a reply to TDA and Department of State Health Services DSHS, requesting “narrowly tailored changes” to state hemp laws. Specifically, he said he wanted the crop and its derivatives to be tested for total THC content—including THCA—rather than just delta-9 THC, to determine legal status.
Sid Miller, Texas Agriculture Commissioner (R), was critical of Perry’s description of the current hemp laws in the state. Miller said that his top priority, “since the beginning of Texas’ hemp law program,” is to ensure our farmers are following the law while still having the freedom they need to be successful.
The rules we have written are in line with the Constitution. I’ve clarified this by responding to Senator Perry. [U.S. Department of Agriculture] “Final rule,” said he. I’m happy to report that Texas has strict, reliable laboratory testing which protects the consumers and maintains our program. Under my leadership, there are no legal loopholes that allow hemp to be grown in Texas.
The Department of Health and Human Services appeared to suggest Perry’s request that THC be measured differently was part of a current policy.
The TDA hemp program was designed to meet federal laws and USDA standards. The following are key safeguards:
Strict Standards for Testing: Hemp must be tested with post-decarboxylation techniques that measure delta-9 THC as well as THC-A, to make sure the total amount of THC is below the federally-mandated 0.3 percent limit.”
The federal law states that hemp can be defined as cannabis with a delta-9 tetrahydrocannabinol content of less than 0.3 per cent on a weight-for-weight basis. The addition of THCA, which Perry called for, to the THC total standard would cause concern among manufacturers and retailers who sell hemp-based products.
Miller explained that Texas hemp producers needed straight answers, consistent rules, and fair treatment in the marketplace. “That’s the reason I work shoulder-to-shoulder with Governor Abbott, Lieutenant Gov. “That’s why I work shoulder to shoulder with Governor Abbott, Lt. “While protecting our farmers we also aim to maintain the high bar and continue setting the national standard for hemp production and regulations.”
Miller said in his letter that he “appreciates the sentiment of your message” and agreed there were many problems with the Hemp Program of Texas.
He added, “I am not convinced that these issues are related to the Hemp regulations adopted by Texas Department of Agriculture. As you know, TDA is responsible for the Hemp Program’s industrial hemp.
TDA will point out, in reference to other changes in definitions requested in your letter that TDA’s definitions are identical with the final USDA rule adopted. We will only be examining some of these definitions, with the exception that the word “total”. TDA rules do not contain a Marijuana Definition. The definition you provided in your email, without the strikethroughs, is that of the USDA Final Rule.
TDA has committed itself to making sure that producers adhere to the USDA’s final rule, as well the State of Texas laws and rules governing the production of Hemp. TDA is of the opinion that any THC-A Hemp Flower produced violates both Texas’ Hemp Production Rule and USDA rule. TDA is aware there are cannabis/marijuana programs that allow for the legal production of cannabis/marijuana, and these producers may be using these programs as a ‘loophole’ to manufacture and sell their product as legal consumable ‘Hemp.'”
He said that “head shops selling cannabis flower in Texas do not get that flower from Texas producers who are producing Hemp according to the USDA Rule and State of Texas Rule.” TDA believes that “the cannabis flowers are being imported from other states or grown in violation with Texas Statutes and Rules.”
Jonathan Miller of the U.S. Hemp Roundtable said to MEDCAN24: “There have been a number of concerns from industry members, beginning with the emergency order of the Governor.”
This measurement will it apply to finished products? He said. I think [the commissioner’s] In the field, hemp will be the main focus. This announcement will only confirm the current status that we have known. If this was to go to the next level, where final products would be required to meet the total THC guidelines, it could have a drastic effect on the THCA market.
Heather Fazio is the director of Texas Cannabis Policy Center. She told MEDCAN24, that in his letter, the commissioner clarifies some important things.
The senator may be satisfied that the hemp is grown in Texas. She said that the next agency she hopes to hear back from is DSHS. “Senator Perry also sent a letter there,” she added. On their website, DSHS states that they’re in the process of establishing regulations to comply with the Governor’s executive orders.
(Disclosure: Fazio supports MEDCAN24’s work via monthly Patreon pledges.)
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While the governor vetoed legislation championed by Perry and the lieutenant governor to ban all hemp products containing THC, he did sign the executive order last month to set age limits to prevent youth access.
The Texas Alcoholic Beverage Commission (TABC) quickly adopted changes to the state’s hemp laws this week consistent with the governor’s order, making it so people under the age of 21 will no longer be permitted to purchase consumable hemp products.
Meanwhile, a recent survey from a GOP pollster affiliated with President Donald Trump found that Texas Democratic and Republican voters are unified in their opposition to the hemp ban proposal.
AnonMoos. Image element.
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