When new customers walk into our stores, they usually do a double take when they see our Bud Bars.
Some of the people think the flower we sell is marijuana, which is illegal in Texas, while others know it’s hemp flower, which they think is illegal in Texas, but isn’t.
Hemp flower is legal in Texas – to produce, sell, buy, and consume. But as with many things, there are rules and regulations you have to follow and meet if you’re going to do these things legally. This post covers them, and answers others related questions.
What is Hemp Flower?
Hemp flowers are the buds of the hemp plant.
After hemp plants are harvested, cannabinoids (like CBD or THC) can be extracted from the plant matter, or the buds, specifically, can be dried and made into hemp flower. Hemp flower is then used to make prerolls.
Hemp buds are only found in female hemp plants, and they contain high levels of cannabinoids in addition to THC. Dried hemp flowers are commonly referred to as hemp flower (similar to how a group of seeds is referred to simply as seed).
Hemp vs. Marijuana
In the introduction, we referred to marijuana, and now we’re referring to hemp. What’s the difference? It’s a common misconception that hemp and marijuana are different plants; they’re actually variants of the same plant – cannabis.
The difference between the two cannabis variants is in the amount of THC they contain:
- The government considers a cannabis plant to be marijuana if it contains more than 0.3% of the cannabinoid THC by dry weight
- Likewise, the government considers a cannabis plant to be hemp if it contains 0.3% THC or less by dry weight
When we say THC, we’re referring to delta 9 THC – the main psychoactive component in cannabis.
Some cannabis plants look different from others, but that isn’t due to the THC percentage; rather, there are simply many varieties of cannabis.
Can Texas Farmers Grow Hemp Flower?
Yes, according to Texas law, you are allowed to grow hemp plants and turn them into hemp flower. However, to do so legally, you need to apply for and get a manufacturing license. For more information on the Texas Consumable Hemp Program, visit the Texas Health and Human Services website.
There is a limitation: as of 2023, it’s illegal in Texas to manufacture and process hemp flower for the purpose of smoking. This includes white labeling products from out of state, as white labeling is considered manufacturing.
However, hemp flower may still be sold in bulk; it just can’t be marketed or labeled for smoking. For more on this, click here to see common questions about the Texas Consumble Hemp Program.
Here’s a brief timeline of how national and state law made it possible to grow hemp in Texas:
- The 2018 U.S. Farm Bill federally legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs.
- In June 2019, Texas passed House Bill 1325 which authorized the production, manufacture, and retail sale of hemp and hemp-derived products.
- In 2022, the Texas Supreme Court upheld a trial court’s ruling that made it illegal to manufacture and process smokable hemp products in Texas. However, hemp products not intended for smoking may still be manufactured and processed, and the retail sale and distribution of smokable hemp products is still legal.
Can Texas Companies Sell Hemp Flower?
According to Texas law, companies can sell hemp flower in their stores, including for smoking – the ban is on the manufacturing and processing, rather than the distribution or retail sale, of smokable hemp products.
In the words of the Texas Department of State Health Services (DSHS), “DSHS is not engaging in enforcement activities for properly packaged, labeled, and tested consumable hemp products for smoking for distribution and retail sale by properly licensed distributors or properly registered retailers.”
However, Texas companies have to go through proper licensing procedures to sell smokable hemp flower. For more information, click here. Note that separate licenses are required to produce, as opposed to merely sell, hemp flower.
Can Texas Consumers Buy Hemp Flower?
As highlighted above, Texas law permits the sale, just as it permits the production and distribution, of hemp flower. Accordingly, it is legal to buy hemp flower and other consumable hemp products in the state of Texas, assuming it contains less than 0.3% THC.
Can You Smoke Hemp Flower in Public in Texas?
As hemp flower is legal in Texas, you can smoke it in public, assuming the location you are in does not have any of its own rules pertaining to smoking, vaping, and similar activities.
However, we do not recommend this, as police will think it’s marijuana; you might go to jail, and you won’t be released until your hemp flower has been tested and verified not to be marijuana.
How Old Do You Have to Be to Buy Hemp Flower in Texas?
If you found our article via Google or some other search engine, before accessing it, you had to verify you were 21 on our age gate. This is because we don’t sell THC products to anyone under 21, for our own protection and for other reasons.
However, as of right now, there is no age limit defined by the state of Texas for buying any consumable hemp product, hemp flower included.
Despite this, most businesses have age limits in place, just as ours does.
Conclusion: Is Hemp Flower Legal in Texas?
Whether you’re looking to manufacture, process, sell, or buy hemp flower, we hope this article brought you some clarity.
As a company in the Texas (and national) hemp and CBD market, we keep up to date on the laws to ensure we can continue to legally help our customers – as such, we’ll update this article as updates to the law come up!
Where to Buy Hemp Flower in Texas
If you’re looking to buy high-quality hemp flower, rather than grow your own, Natural Ways CBD has you covered. We have six locations in the Greater Houston Area, and each has a Bud Bar with a wide selection of hemp flower; we keep our selection seasonal so the flower you buy is fresh and potent.
If you’d like to stop by, click here to view our locations. We can’t wait to see you!
Is Hemp Flower Legal in Texas? Frequently Asked Questions
Here are some questions our customers frequently ask us about hemp flower in Texas.
Is smokable hemp flower legal in Texas?
It is legal to sell smokable hemp flower in Texas, and it is legal to buy it. However, it is not legal in the State of Texas to manufacture or process consumable hemp products – this includes white labeling smokable hemp products from out of state.
Is it illegal to have a hemp plant in Texas?
It is legal to grow hemp in Texas if you have applied for and gotten a grower’s license. However, possessing a hemp plant without the proper licensing is illegal.
What is the new hemp law in Texas?
As of 2022, hemp products intended for smoking are illegal to manufacture or process in the State of Texas.