After leading an unsuccessful campaign to prohibit hemp-based consumable products with THC both during the normal legislative session as well as two special sessions in this year, a Republican Texas senator is now asking state agencies for restrictions to be placed on cannabis. He says that these would allow the state to align itself with federal law.
Charles Perry (R), in a letter sent to Texas Department of Agriculture, Department of State Health Services and Department of State Health Services, requested “narrowly tailored changes” to state hemp laws. Specifically, he wants the crop and its derivatives to be tested for total THC content—including THCA—rather than just delta-9 THC, to determine legal status.
Senator said that the revisions are “designed to find a common ground” on the issue after Governor vetoed his bill banning the practice outright and other versions failed to be passed by lawmakers.
Perry, in a statement, said: “It’s true, we have discussed what products are allowed or not permitted to be sold here in our state. I am sure that the debate will continue during the 90th legislative session, but no one has any reason to complain about how the state adheres with its regulations.” [the federal 2018 Farm Bill].”
“To the THC retailers that testified countless times during the 89th Legislative Session that they simply wanted to sell products that ‘comply with federal law,’ well here’s your opportunity to do just that,” he said. Texas is required to make sure that consumable hemp products contain only hemp according to the USDA definition.
Perry’s letters to TDA, DSHS and other agencies are largely the same. However, they differ in a section that outlines specific administrative policies Perry would like each agency to adopt under their respective jurisdiction.
Perry stated that despite the fact that state laws on hemp stipulate the requirement to comply with federal regulations and that Texas continues to “ignore the sale of cannabis flowers at local headshops that it would be illegal for all 50 states to harvest as hemp”.
“This cannabis flower is not hemp—it is marijuana, pure and simple,” he said. “The same applies for any cannabis concentrate extracted from such cannabis flower, which itself qualifies as either marijuana extract or tetrahydrocannabinols, as such terms are used in the Texas Schedules of Controlled Substances—once again, these substances are not hemp.”
According to federal law, hemp is cannabis that contains no more than 0.3% THC in dry weight. The federal law does not make an exception for extracts or flower.
The senator asked the department to update its definition of hemp and ensure THC levels were tested both for delta-9 THC as well as THCA. He also requested it revise the testing requirements.
Similar requests are made for DSHS. These include additional changes in the definition of “smoking”, as well as measurements of uncertainty when testing THC.
“The widespread and easy availability of illegal marijuana products, masquerading as ‘legal hemp’ is an ‘imminent peril to the public health, safety, or welfare’ of this state,” the letters say.
The letters urge the departments to “engage in emergency rulemaking to ensure (1) that the Texas Hemp Program rules are at a minimum, as stringent as those required by the USDA of every state plan in the United States, especially regarding Total THC, and (2) that bad actors in the State of Texas are clearly prohibited from exploiting purported ‘loopholes’ in current rules to circumvent the Texas Controlled Substances Act. Texas law should be crystal clear—cannabis flower that exceeds 0.3 percent Total THC is Marijuana.”
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Although Gov. Greg Abbott (R), who vetoed the legislation that Perry and his lieutenant-governor championed to ban hemp products with THC but signed an executive order to limit youth access to these products earlier in this month, did so by setting age restrictions.
Texas Alcoholic Beverage Commission has adopted changes in the state hemp laws to comply with Governor Abbott’s directive. People under 21 years of age will be prohibited from purchasing consumable products made out of hemp.
According to a survey conducted recently by a GOP pollster associated with Donald Trump, Texas Democrats and Republicans are united against the proposal for a hemp ban.
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