Hemp VS TEXAS

On By Surfman374

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As of January 2026, hemp remains 

legal in Texas, though it is subject to increasingly strict regulations and significant ongoing legal and legislative challenges. 

Current Legal Status (January 2026)

  • Definition: Texas defines hemp as the plant Cannabis sativa L. and any part of that plant with a Delta-9 THC concentration of not more than 0.3% on a dry weight basis.
  • Consumable Hemp Products (CHPs): Edibles (gummies), oils (CBD), and topicals are legal provided they meet the 0.3% Delta-9 THC limit.
  • Delta-8 and THCA: These intoxicating isomers remain technically legal and available in Texas as of early 2026 due to court injunctions that blocked state agency attempts to ban them.
  • Vape Ban: A separate law effective September 1, 2025, prohibits the sale of hemp-derived vape products containing any cannabinoids in Texas. 

New & Proposed Regulations (2025–2026)

  • Age Restriction: Per Executive Order GA-56issued in September 2025, it is now illegal to sell consumable hemp products to anyone under 21 years of age. Retailers must verify government-issued IDs.
  • Massive Fee Hikes: Proposed rules from the Texas Department of State Health Services (DSHS) in early 2026 could increase annual retail registration fees from $150 to $20,000 per location.
  • Testing Overhaul: New regulations aim to shift testing standards from “Delta-9 THC only” to “Total THC,” which accounts for THCA content before heating. This change would effectively ban most “THCA flower” currently on the market.
  • Smokable Hemp: While the Texas Supreme Court upheld a ban on manufacturing smokable hemp in Texas, the sale of smokable hemp manufactured out-of-state remains legal for now. However, 2026 proposed rules seek to ban all smokable hemp flower sales. 

Federal Conflict (November 2026)

A new federal provision approved in late 2025 is scheduled to take effect on November 12, 2026. This law redefines “hemp” to exclude products with intoxicating levels of THC, potentially criminalizing many current hemp-derived products sold in Texas. 

Licensing Resources

To grow hemp in Texas as of 2026, you must obtain a 

Hemp Producer License from the Texas Department of Agriculture (TDA). Licensing is handled through a virtual application process.

1. Eligibility Requirements

  • Criminal Background: All “key participants” (sole proprietors, partners, or those with executive control) must undergo a fingerprint-based criminal history check.
  • Felony Restriction: Applicants are ineligible if they have a felony conviction related to a controlled substance within the last 10 years.
  • Age: You must be at least 18 years old to apply.
  • Orientation: Applicants must watch a mandatory 30-minute orientation video on the TDA website before applying. 

2. Required Documentation

  • Facility Information: You must register at least one “facility” (an uninterrupted location under your control) and provide its street address and GPS coordinates.
  • Proof of Control: You must provide proof of ownership or legal control (such as a lease agreement) for each facility.
  • Entity Details: For businesses, you must provide the Texas taxpayer ID, full names, and contact information for all key participants. 

3. Fee Structure (Current 2026)

  • Annual License Fee: $100 per year.
  • Facility Fee: $100 per facility location.
  • Lot Crop Permit (LCP): $100 for each variety of hemp planted in a specific area. This permit is valid for 180 days.
  • Other Potential Costs: These include mandatory pre-harvest testing fees (paid to third-party labs) and fingerprinting service fees. 

4. Cultivation & Harvest Compliance

  • FSA Registration: After receiving a lot permit, you must notify the USDA Farm Service Agency (FSA) to report acreage and obtain a field number.
  • Pre-Harvest Testing: You must request an official sample from a TDA-licensed sampler at least 20 days before your expected harvest.
  • Harvest Window: Once sampled, the crop must be harvested within 15 days. If not harvested in time, a second sample must be taken.
  • THC Limits: Samples must test below 0.3% Total THC (Delta-9 THC + THCA) to be compliant. Crops exceeding this limit must be destroyed at the owner’s expense. 

Note: While TDA fees for producers remain relatively low, be aware that proposed 2026 rules by the DSHS may drastically increase fees for those who also manufacture or sell consumable hemp products.  🇺🇸 💚

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