Yesterday, the Texas senate unanimously passed House Bill 1325, a bill that legalizes the cultivation, sale and manufacturing of hemp and hemp-derived products, respectively.
According to the Texas Constitution, a bill takes effect immediately if it receives, “a vote of two-thirds of all members elected to each house” [Id. Sec. 11] “Unanimous” easily satisfies the two-thirds requirement.
However, in the language of government, “immediately” rarely means “right now.” Prepare to wait a few days, weeks or even months; but know that, in the words of Green Lotus™ CEO Carlos Frias, “This thing is done.”
What is HB 1325?
The core purpose of HB 1325 is to create a program for hemp cultivation by setting standards for how to license, regulate and oversee a new generation of hemp farmers. HB 1325 mirrors the specific directions laid out by the 2018 Farm Bill.
Farm Bill: “Hello, Texas. If you’d like to start your own hemp program, do this, this, and this, then send us a summary of how you’re going to do it.”
HB 1325: “OK. Here’s a summary of how we’re going to do it, plus some extra-safe standards for testing hemp, plus legal protection for consumers and retailers of hemp-derived products.”
Says Loud and Clear, “Hemp is not marijuana.”
HB 1325 explicitly prevents cities and counties from creating or enforcing codes that prohibit the sale or manufacturing a “consumable hemp product.” [Id. Sec. 443.003] That’s great news for both retailers and consumers.
Remember when hemp was removed from the Texas’ list of controlled substances? HB 1325 goes further by amending the definition of “controlled substance”:
“The term does not include hemp, as defined in…[the] Agricultural Code, or the tetrahydrocannabinols in hemp.” [et al. amending Texas Health and Safety Code Sec. 481.002(5)]
HB 1325 amends the definition of “marihuana” with the same level of clarity:
“The term does not include…hemp.” [Texas Health and Safety Code Sec. 481.002(26)(f)]
So, Are CBD Products Legal?
As long as a hemp-derived product is sourced from hemp that is grown according to the rules and regulations set out by HB 1325, that product is legal to sell, manufacture and consume in the state of Texas.
Does that mean it’s a good idea to walk up to a police officer and flash a vape cart? No, that would be unwise.
(Keep in mind that HB 1325 will not affect the policies of a federal agency like the FDA.)
The Other Stuff: Farming, Testing and Labeling
The majority of HB 1325 deals with “the other stuff.” Today, we wanted to give our friends and customers a brief overview of HB 1325 as it relates to purchasing and using hemp-derived products.
When the curtain closes on HB 1325, and the crowd stands to give applause, and everything is 100% finalized, and the text of the bill is carved into stone on the steps of the Texas state capitol, we’ll release an in-depth look at how HB 1325’s testing and labeling requirements make it one of the best hemp bills in the nation for consumer safety.
Until then, have a great day!
- Your friends @ GreenLotusHemp
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