The commercial production of hemp was legalized by The 2018 Farm Bill and authorized states to submit state plans to administer hemp programs.
Sid Miller, Texas Agriculture Commissioner, is a very strong supporter of industrial hemp production for Texas farmers to expand their operations and grow alternative crops.
On June 10, 2019, Governor Greg Abbott signed House Bill 1325 into law. The bill authorizes the production, retail sale, manufacture, and inspection of industrial hemp products and crops in Texas. This also includes products for consumable hemp products which contain CBD(cannabidiol), as well as other edible parts of the hemp plant.
Until TDA submits a state hemp plan to the USDA and receives approval, Hemp is not currently legal to grow in Texas.
On October 29, 2019, the USDA released its interim final rules on hemp. They can be found here.
On December 2, 2019, the TDA submitted the state hemp plan to USDA and it was approved by the USDA on January 27, 2020. Administrative rules were published (but not adopted) in January 2020.
The TDA rule making process ensures the Department receives public and stakeholder input regarding the new hemp program. TDA’s administrative rules relate to licensing, testing, production, seed certification and other program oversight, as necessary. Once the USDA plan is approved by USDA and the administrative rules are adopted, industrial hemp can be cultivated and grown legally in the State of Texas.
TDA anticipates the hemp growing permit application process will begin in early 2020. (as soon as mid March)
The regulation of CBD consumables, including CBD oil, will be handled in accordance with the FDA (Food and Drug Administration) guidelines. The state agency with oversight of CBD consumables is the DSHS (Texas Department of State Health Services) and not TDA.
Questions regarding those matters should be directed to that DSHS
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The selling of hemp is being overseen by the Department of State Health Services. They are currently writing the rules and should be finalized in June or July. https://www.dshs.texas.gov/consumerprotection/hemp-program/default.aspx
Here is a link to our hemp growing page. We should start accepting applications the second week of March online. https://www.texasagriculture.gov/RegulatoryPrograms/Hemp.aspx