Cannabis Law Attorneys in Waco, Texas

Do You Want To Grow Hemp?

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Hutson & Harris gained a bit of minor celebrity for a music video called “Don’t Eat Your Weed.” The song highlights some issues relating to the current state of the CRIMINAL law in Texas with respect to possession of marijuana. Go watch it. It’s fun.

But Marijuana is not the only type of cannabis. Many people know something about “Hemp,” and many know that this is like a distant cousin to marijuana. But the truth is that “Hemp” is the exact same plant as marijuana (Cannabis Sativa). The legal difference between Hemp and Marijuana is how much THC the plant produces. If the plant produces less than 0.3% (less than a third of one percent), it is Hemp under Texas law, not marijuana.

Waco Texas Cannabis Attorneys

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The 2018 Federal Farm Bill legalized the commercial production of hemp federally, and it authorized states to submit state plans to administer hemp programs. On June 10, 2019, House Bill 1325, was signed into law by Texas 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.

Texas Hemp Growing Licenses – Beginning on March 16, 2020, people who want to grow hemp in Texas were allowed to apply for permits. This involves several regulatory steps, and it typically involves multiple permits (premises permits, lot permits, etc.). Further, for anybody wanting to farm hemp, they will likely need other licenses in order to be in compliance with the law (such as a handler’s license).

This is a brand-new area of the law and regulation. As of October, 2020, there are currently open questions about whether or not growers can produce “smokable hemp.” This is complicated because technically, all parts of the dried plant are smokable. And it’s a plant; if you grow it well, it is going to flower and produce a product that is desired for smoking due to its high levels of cannabanoids, despite low levels of THC.

Our firm is familiar with the regulatory framework. We have helped businesses and individual farmers by guiding a path through it, as well as learning some practical lessons along the way.

So whether you’ve been charged with a criminal offense related to cannabis or whether you’re trying to set up a legitimate cannabis farm, Hutson & Harris are here to help.