Marijuana Moment: Texas Agriculture Commissioner Pushes Back On GOP Senator’s Hemp Law Criticism, While Signaling THC Measurement Standards Change

[Tokeativity]

The head of the Texas Department of Agriculture (TDA) is pushing back against a GOP senator’s “incorrect assertions” about the state’s regulatory compliance with federal hemp laws. But he’s also signaling that changes may be coming to measure “total THC” to determine the legality of hemp products in a way that some stakeholders worry could negatively impact the industry.

After the legislature failed to pass a controversial bill to ban hemp products containing any amount of THC during two special sessions following the governor’s veto of a similar measure earlier this year, Gov. Greg Abbott (R) signed an executive order to impose certain restrictions on the market.

In response, the sponsor of the ban bill, Sen. Charles Perry (R), sent a letter to TDA and the Department of State Health Services (DSHS) requesting what he desribed as “narrowly tailored” changes to the state’s hemp laws. Specifically, he said he wanted the crop and its derivatives to be tested for total THC content—including THCA—rather than just delta-9 THC, to determine legal status.

Texas Agriculture Commissioner Sid Miller (R) was somewhat critical of Perry’s characterization of current state hemp laws, emphasizing in a press release on Wednesday that “since day one of Texas’ hemp program, my top priority has been making sure our farmers follow the law but still have the freedom to succeed.”

“I have responded to Senator Perry’s incorrect assertions to clarify that we wrote our rules to match the [U.S. Department of Agriculture] final rule,” he said. “I’m proud to say Texas requires tough, reliable lab testing that protects consumers and keeps our program honest. There are no regulatory loopholes for hemp grown in Texas under my watch.”

However, the department appeared to suggest that Perry’s request for a change in THC measurements was a policy that’s being implemented.

“TDA’s hemp program is built to mirror federal law and USDA requirements. Key safeguards include:

Strict Testing Standards: All hemp must be tested using post-decarboxylation methods, which measure both delta-9 THC and THC-A to ensure total THC stays below the federally mandated 0.3 percent limit.”

Existing federal statute stipulates that hemp is defined as cannabis containing a “delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Adding THCA to the total THC standard, as Perry has called for and as the agriculture commissioner signaled is being implemented, would be cause for concern for manufacturers and retailers of certain consumable hemp products.

“Texas hemp producers need straight answers, steady rules, and a fair shake in the marketplace,” Miller said. “That’s why I’m working shoulder to shoulder with Governor Abbott, Lt. Governor Patrick, and Speaker Burrows to ensure our hemp industry continues to thrive. While also protecting our farmers, we aim to keep the bar high and continue to set the national standard for responsible hemp production and regulation.”

In his letter to Perry, Miller wrote, “I appreciate the sentiment behind your message and agree there are many issues with the Hemp Program in the State of Texas.”

“I do not believe the issues arise out of the Hemp rules adopted by the Texas Department of Agriculture (TDA),” he said. “Also, as you well know, the TDA regulates the industrial hemp side of the Hemp Program in Texas.”

“With reference to the other definition changes requested in your letter, TDA would point out that the definitions are the same as the definitions in the adopted USDA final rule. With the exception of the word “total” in some definitions we will review. Also, TDA does not have a definition of Marijuana in our rules: however, the definition contained in your letter without the strikes is the definition in the final USDA rule.

TDA is committed to requiring producers to adhere to both the USDA final rule and the State of Texas’ statutes and rules regarding the production of Hemp in Texas. TDA believes any THC-A Hemp Flower being produced is in violation of the USDA Rule and Texas’ Rule regarding Hemp production. TDA is aware there are cannabis/marijuana programs that allow for the legal production of cannabis/marijuana, and these producers may be using these programs as a ‘loophole’ to manufacture and sell their product as legal consumable ‘Hemp.'”

He added that head shops “selling cannabis flower in Texas are not getting that flower from a Texas producer who is producing Hemp in compliance with the USDA Rule and the State of Texas Rule.” And in the view of TDA, “the cannabis flower is being brought in from another state or being grown in violation of the Texas Statutes and Rules.”

Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told Marijuana Moment that “there’s been a lot of concern from from the industry, starting with the governor’s emergency order.”

“The question is, will this measurement of THCA apply to final products?” he said. “I think [the commissioner’s] focus is on hemp in the field. And if that is the case, then this announcement just states the status quo that we’ve already known. But if this is going to be taken to the next step, and final products will be held to the same total THC guideline, then it certainly would have a dramatic effect on the THCA industry.”

Heather Fazio, director of the advocacy group Texas Cannabis Policy Center, told Marijuana Moment that the commissioner’s letter “makes important clarifications in his recent letter to Senator Perry.”

“Hopefully this resolves the senator’s concerns about hemp being grown in Texas. The next agency we hope to hear from is DSHS, which also received a letter from Senator Perry,” she said. “DSHS indicates on their website that they are in the process of beginning another round of rulemaking to establish regulations in line with the governor’s executive order.”

(Disclosure: Fazio supports Marijuana Moment’s work via monthly Patreon pledges.)

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While the governor vetoed legislation championed by Perry and the lieutenant governor to ban all hemp products containing THC, he did sign the executive order last month to set age limits to prevent youth access.

The Texas Alcoholic Beverage Commission (TABC) quickly adopted changes to the state’s hemp laws this week consistent with the governor’s order, making it so people under the age of 21 will no longer be permitted to purchase consumable hemp products.

Meanwhile, a recent survey from a GOP pollster affiliated with President Donald Trump found that Texas Democratic and Republican voters are unified in their opposition to the hemp ban proposal.

Image element courtesy of AnonMoos.

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