For more information on the Texas Consumable Hemp Program, go here.
When new customers walk into our stores, they usually do a double take when they see our Bud Bars.
Some 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 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, based on Texas law.
What is Hemp Flower?
Hemp flowers refer to the buds of the hemp plant, a type of cannabis sativa containing less than 0.3% THC by dry weight.
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 consumable hemp flower.
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
Hemp and marijuana are both variants of the cannabis sativa plant. The difference between the two variants is in the amount of tetrahydrocannabinol (THC) they contain:
- The government considers a cannabis sativa plant to be marijuana if it contains 0.3% THC or more by dry weight
- Likewise, the government considers a cannabis sativa plant to be hemp if it contains less than 0.3% THC by dry weight
THC is also known as delta 9 THC – the primary psychoactive compound found 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. The hemp flower you might buy at a CBD store in Texas might look the exact same as the cannabis flower you’d buy at a dispensary in Colorado.
Can Texas Farmers Grow Hemp Flower?
According to Texas law, farmers can grow hemp plants and turn them into hemp flower. However, doing so requires that you apply for and obtain a manufacturing license.
For more information on the Texas Consumable Hemp Program, visit the Texas Health and Human Services website.
Additionally, 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.
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 store that’s intended for smoking. The ban only applies to the manufacturing and processing – rather than the distribution or retail sale – of smokable hemp flower.
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.
Can Texas Consumers Buy Hemp Flower?
Yes, consumers in Texas can purchase hemp flower. As we highlighted previously, Texas law permits the sale, as well as production and distribution, or hemp flower.
Accordingly, it is legal to buy hemp flower and other consumable hemp products in the state of Texas, assuming they contains less than 0.3% THC (so as not to be considered marijuana).
Is It Legal to Grow Personal Hemp in Texas?
No, it is not legal to grow personal hemp in Texas. While it’s legal to grow industrial hemp with a license (and this requires a license to be legal), Texas law bans the production or processing of consumable hemp by companies, and this presumably also applies to individuals.
This means you cannot legally grow hemp plants in your home in Texas.
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 there’s a high chance other people (including law enforcement) will think it’s marijuana, which is still illegal in Texas.
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?
Texas does not specify an age limit for purchasing smokable hemp flower and other hemp products.
However, most companies, including ours, require you to be 21 to purchase THC and 18 to purchase CBD or other types of hemp products. 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.
Companies like us tend to have this requirement because in states where marijuana is legal, the age limit specified by the laws in those states is typically 21.
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 that participates in the Texas and national hemp and CBD markets, we keep up to date on the laws to ensure we can continue to help our customers legally and safely.
Accordingly, we’ll update this article as changes to the law happen.
Where to Buy Hemp Flower in Texas
If you’re looking to buy high-quality hemp flower, Natural Ways CBD has you covered.
We have five 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 hemp flower the same as marijuana?
No, hemp flower is different from marijuana. Both plants are variants of the cannabis sativa plant, but hemp contains less than 0.3% THC, while marijuana contains 0.3% THC or more. Apart from the THC content, the two plants are genetically the same.
What hemp products are legal in Texas?
All of the major consumable hemp products – smokable flower, edibles, oils, and so forth – are legal to sell and possess 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.
Can you smoke CBD flower in public in Texas?
Texas law does not specify whether or not it’s legal to smoke CBD flower or other types of hemp flower in public. Presumably it is, because it’s legal to buy these products. However, we don’t recommend you do this, as other people could easily mistake your hemp for marijuana (it looks and smells the exact same). This could lead to law enforcement being called, which could result in you being charged for marijuana possession until the flower is tested.
What is the new hemp law in Texas?
The 2022 ruling in Texas Department of State Health Services v. Crown Distributing LLC; America Juice Co., LLC; Custom Botanical Dispensary, LLC; 1937 Apothecary, LLC upheld the Texas law that says hemp products intended for smoking are illegal to manufacture or process in the State of Texas.
