Industrial Hemp Laws in the State of Texas
For all Hemp Related resources from the Texas Department of Agriculture, visit: https://www.texasagriculture.gov/RegulatoryPrograms/Hemp.aspx
Texas Agriculture Commissioner Sid Miller is a strong supporter of industrial hemp production as a new market opportunity for Texas farmers to expand their operations and grow alternative crops.
The 2018 Farm Bill legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs. On June 10, 2019, House Bill 1325, was signed into law by Governor Greg Abbott. The bill authorizes the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas. This also includes products for consumable hemp products which contain cannabidiol (CBD), as well as other edible parts of the hemp plant.The USDA released its interim final rules on hemp on October 29, 2019. They can be found here.
The TDA submitted the state hemp plan to USDA on December 2, 2019 and it was approved by the USDA on January 27, 2020. Administrative rules were published in January 2020 and became effective March 11.
Commissioner Miller and TDA staff held a public hearing on January 22nd to take input during the comment period for the rules.
The TDA rulemaking process ensures the Department receives stakeholder and public input regarding the new hemp program. TDA’s administrative rules relate to licensing, production, testing, seed certification and other program oversight, as necessary. Now that the TDA plan is approved by USDA and the administrative rules are adopted, industrial hemp can be grown and cultivated legally in the State of Texas.
The hemp growing license and permit application process opened online on March 16, 2020.
A person or entity based out-of-state is not required to be a license holder in Texas to sell hemp seed to a person or business entity in Texas, but may not do so unless such hemp seed has been certified or approved in accordance with §24.48 of this title (relating to Certification or Approval of Hemp Seed).
A person who sells, offers to sell, distributes, or uses hemp seed in Texas shall maintain records for five (5) years indicating: