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texasprelawland-blog · 1 year

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The Status of Marijuana in Texas

By Alexa Tierrafria, University of North Texas Class of 2022

June 5, 2023

FEDERAL LAW REGARDING HEMP

As of December 20, 2018, the H.R. 2 Agriculture Improvement Act of 2018, or 2018 Farm Bill, has redefined marijuana and removed hemp, or cannabis, from the controlled substances schedules [6]. Under the Controlled Substances Act, hemp was defined as dry weight cannabis with derivatives containing low concentrations (less than 0.3 percent) of delta-9-tetrahydrocannabinol (THC). Since its redefinition, the 2018 Farm Bill has continued to support the Federal Drug Administration’s (FDA) regulation of hemp products. Hemp products must now meet “requirements and standards, just like any other FDA-regulated product” to ensure consumer safety [1].

TEXAS STATE LAWS

H.B. 1325

Following the 2018 Farm Bill’s legalization of commercial hemp production and state authorization for hemp programs, on June 10, 2019, H.B. 1325 was passed authorizing the “production, manufacture, retail sale, and inspection of industrial hemp crops and products” as well as consumable hemp products [3].

Consumable hemp products were described as processed or manufactured goods that contained hemp with a THC concentration less than 0.3 percent. These products would not include those comprised of hemp seeds or hemp seed-derived ingredients [4]. The Texas Department of State Health Services (DSHS) has recognized consumable hemp products as “cannabidiol (CBD) oil, CBD gummy bears, food and drinks infused with CBD, over-the-counter drugs containing CBD,” and “topical lotions and cosmetics that contain CBD” [4].

Regarding the use of consumable hemp products for smoking, the Texas Supreme Court expressed opposition through its enactment of the Consumable Hemp Program. On June 24, 2022, the program began its prohibition against the “processing or manufacturing of a consumable hemp product for smoking,” making exceptions for distribution and retail sale as allowed by the lower court [4].

COMPASSIONATE-USE PROGRAM

Before consumable hemp products were legalized in 2019, Texas regulated cannabis through the 2015 Compassionate-Use Program. This program allowed “qualified physicians to prescribe low-THC cannabis products to patients with certain medical conditions” [5]. Low-THC products were described as those containing less than one percent of delta-9-tetrahydrocannabinol, the primary psychoactive compound of marijuana. For patients to be prescribed cannabis, they must have been “diagnosed with epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, post-traumatic stress disorder, or an incurable neurodegenerative disease” [6].

H.B. 218

Despite the Texas House Committee on Criminal Jurisprudence approving H.B. 218, the law’s passing is still pending. This law would reduce and reclassify penalties for marijuana and cannabis concentrate possession.

A Class C misdemeanor would be reclassified for individuals possessing at least one ounce. They would be subject to no arrest and a carry a $500 minimum fine. Those possessing one or 2 ounces of marijuana would be reduced to a Class B misdemeanor with no arrest, while those possessing up to 2 and 4 ounces would be subject to a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine [2]. Lastly, a felony would be considered for those possessing more than 4 ounces.

H.B. 1937

Texas State Representative Jessica Gonzalez recently introduced H.B. 1937, allowing counties and local governments to legalize recreational marijuana by regular testing, licensing, and regulation of manufacturing, processing, distribution, sale, transportation, possession/use, etc.

Individuals “21 and older would be allowed to possess and transport up to 2.5 ounces of cannabis,” with “no more than 15 grams” being in “the form of a cannabis concentrate” [7]. When home, they would be able to possess or process at least 10 ounces. Greater quantities must be stored.

Moreover, final conclusions about these laws have demonstrated that the legalization of marijuana in Texas continues to be a challenge for legislators. Introducing and informing the public about marijuana is one of the many ways to go in reducing and improving marijuana issues.

[1] Abernethy, A. (2019, July 24). Hemp Production and the 2018 Farm Bill. U.S Federal Drug Administration. https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019

[2] Herrington, A. J. (2023, March 10). Texas Lawmakers Pass Marijuana Decriminalization Bill. Forbes. https://www.forbes.com/sites/ajherrington/2023/03/10/texas-lawmakers-pass-marijuana-decriminalization-bill/?sh=17e7f8541764

[3] Texas Department of Agriculture. (2023). Texas Industrial Hemp Program. Texas Department of Agriculture. https://www.texasagriculture.gov/Regulatory-Programs/Hemp

[4] Texas Department of State Health Services. (2023). Consumable Hemp Program. Texas Health and Human Services | Texas Department of State Health Services. https://www.dshs.texas.gov/consumable-hemp-program

[5] Texas State Law Library. (2022, April 20). Cannabis & the Law: Legal Information on CBD, Hemp, and Recreational Cannabis. Texas State Law Library. https://www.sll.texas.gov/spotlight/2022/04/cannabis-the-law-guide/

[6] Texas State Law Library. (2022, December 20). Frequently Asked Legal Questions. Texas State Law Library. https://faq.sll.texas.gov/questions/36053

[7] Vaughn, J. (2023, February 8). Dallas Could Legalize Recreational Cannabis Use Under House Bill 1937. Dallas Observer. https://www.dallasobserver.com/news/dallas-could-legalize-recreational-cannabis-use-under-house-bill-1937-15884410

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luliroying · 2 years

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