Is Smokable Hemp Legal in Texas? - Sparks Law Firm

The legal framework for consumable hemp products and marijuana constantly changes. Lawmakers are still developing new regulations and debating on how legal these substances should be.

In Texas, products that come from cannabis plants are legal, depending on certain circumstances. However, if they follow state regulations, people can buy and sell them.

While Texas law addresses marijuana, CBD, and other cannabis plants equally, things could change depending on the consumption method. Smokable hemp products are an excellent example of that.

Medicinal marijuana, for instance, is legal under specific circumstances. Nonetheless, it doesn't allow patients to use smokable products.

In this blog post, people will understand how laws work around hemp products for smoking and if they are legal at all. The main reason everyone should know the local and federal law is to avoid having legal problems in the future.

It's important to know who to call to address legal concerns. The Sparks Law Firm is available for people in need of legal advice in Ft. Worth, Texas. They can help with questions like Is THCa legal in Texas?

Is Hemp a Cannabis Plant?

People often wonder if marijuana and hemp both come from the cannabis plant. The answer is yes. They are actually just different variations from it.

While there are many differences between all variations of the cannabis sativa, the main one is the THC concentration in them. That's the primary psychoactive compound in the plant.

Texas has strict policies regarding marijuana due to its high THC content. Hemp, on the other hand, has a low level of THC. It's generally less than 0.3%.

Though the hemp industry is one of the most popular ones in the THC manufacturing field, the truth is there are many other variations to the cannabis sativa in the world.

All retailers selling consumable hemp products should specify that they are hemp. The main reason for that is that it gives you an idea of how it may work. Some retailers, for example, sell stuff that uses delta-8 THC and others with delta-9.

In this case, that information is important because delta-8 THC has lighter effects than delta-9. However, there are local and federal regulations about what people can do with those substances.

The Role of THC in Hemp

THC plays a key role in how the law treats hemp. As the main psychoactive element in marijuana and hemp products, the concentration of THC directly determines the effects it will have on the human body.

Hemp is often the term people use to talk about cannabis sativa cultivated for consumable use. That also implies that there are certain criteria for what could be called hemp at all.

To be considered hemp, plants must have 0.3% THC or less, speaking about dry weight. That's what makes many products legal in Texas.

While it sounds like a pretty low percentage of THC, it already causes significant psychoactive effects. Therefore, smoking hemp flowers or vape cartridges with only a bit more than that would be considerably different.

One of the main reasons people cultivate hemp instead of regular marijuana is its high content of cannabidiol (CBD). Consequently, CBD has higher delta-8 THC levels than cannabis sativa alternatives.

Regardless of that, at least for the time being, delta-8 THC and delta-9 are legally treated equally. That means consumable hemp products that have them as ingredients must follow the same regulations.

Are Consumable Hemp Products for Smoking Legal in Texas?

Consumable hemp products for smoking are legal in Texas. That, of course, as long as they have 0.3% THC or less in them.

Only having more than that could lead to a serious drug conviction. The truth is that it's complicated. For more information, drug crime lawyers may be able to help.

While it's legal to buy, sell, and consume smokable hemp, there is currently a legal battle about what should be done. Lawmakers did want to ban all forms of THC in the state, but they couldn't.

Years ago, it was illegal to process consumable hemp products in Texas. Hence, people couldn't manufacture them in any way. They could buy and sell hemp flower in bulk, though. A Texas Supreme Court ruling upheld that ban. This includes white labeling.

Naturally, it's only legal to buy hemp-derived products from licensed hemp dispensaries. The Texas Department of State Health Services started registering retailers in 2020.

It's not like anyone can cultivate a consumable hemp product and sell it whenever they feel like it. Texas needs to license the retailer as an industrial hemp dispensary to do any retail sale.

The Legal Framework of the Hemp Industry in Texas

The legal framework of the hemp industry in Texas is highly complicated. It has evolved throughout the years, and just a few years ago it was illegal to manufacture these products in the state.

Regardless of that, the regulations from the Texas Health and Safety Code are similar to how they were before. While this blog post has been about buying, consuming, and manufacturing smokable hemp products, the truth is they are similar to any other edibles in the Texas legislature.

Hence, the penalties for illegally getting a consumable hemp product make offenders face the same penalties they would get for possession of drugs. THC is actually still a controlled substance in Texas.

The thing about the criminal charges for tested consumable hemp products is how law enforcers can determine the degree of the offense the defendant will face. Doing it is quite simple.

Law enforcement officers only need to weigh the products to measure the THC concentration by dry weight in them. Then, they just make a comparison of the ounces or pounds of marijuana they would need to get to that THC concentration.

The law needs to legally categorize the product they seize as marijuana or a controlled substance to press charges. If they can't, they can't pursue a legal case against the person regardless of the circumstances.

Legal Differences Between Smokable Hemp Products and Marijuana

When it comes to getting a criminal conviction in Texas, consumable hemp products for smoking and marijuana are the same. Technically speaking, they have key differences that allow the law to distinguish them from each other.

The first of them is that consumable hemp must have less than 0.3% THC concentration. Marijuana naturally has more than that. Since hemp is semisynthetic, people are able to control how much THC each hemp flower has.

Hemp is federally legal in the country, but each state can have additional regulations to it. Marijuana, on the other hand, is federally illegal, but people can still use it for recreational and medicinal purposes.

Therefore, the sale and manufacturing process of hemp-derived cannabinoids is often less restricted than marijuana products. It's the same thing with hemp cultivation since cultivating marijuana is banned in many states.

The Future of Hemp Legislature in Texas

The future of hemp legislation in Texas is highly uncertain. While some lawmakers want to completely ban it in the state, others want to be more flexible with it.

Texas has definitely seen significant growth in the hemp industry, so there's always more pressure to either regulate or ban THC products. Everything, of course, depends on how the world keeps moving.

It's important to understand that, though this blog post is about the future of the hemp legislature, factors outside the U.S. are on the table.

Though marijuana is still federally illegal, the United States is one of the most flexible countries worldwide when it comes to the legalization of cannabis sativa. The thing is that, even if things change at a federal level, it doesn't mean that Texas will remove the regulations it already has.

Many think Texas is a highly restrictive state when it comes to marijuana. While that's true, not so long ago, manufacturing THC products in the state became legal. That shows that lawmakers are willing to adopt more flexible regulations on these substances.

However, while people can make predictions on what will happen in the future, they don't know what unforeseeable events may arise that change those predictions. Hence, they can only wait and see what's next if there were to be any changes to how things are today.

Conclusion - Is Smokable Hemp Legal in Texas?

It's often overwhelming to start learning about how the legal framework of the country works and local and federal laws. Regardless of that, people should still get at least a basic knowledge of the rules they must follow to avoid legal problems. Sparks Law Firm can also assist with other questions like Is cannabis indica legal in Texas?

Since the laws regarding smokable hemp products change from time to time, what people know today may not be the same in a couple of years. That's not something bad, but it means everyone must stay informed of what happens in the country.

As of today, smokable hemp products, such as vape cartridges, are legal in Texas under the regulations stated in this blog post. The same happens with other edibles that come from cannabis sativa.

If someone gets into a legal problem related to industrial hemp products for smoking in Ft. Worth, TX, they can call the Sparks Law Firm. Once they do, they should schedule a free consultation.