Why is hemp legal in Texas, but not marijuana? What to know as state weighs THC ban
Senate Bill 3, which would ban THC products in Texas, is in the hands of Gov. Greg Abbott, who could approve it or veto it.
The bill was recently approved by both the Senate and House, and would prohibit the making and sale of consumable hemp products that contain any amount of a cannabinoid other than CBD and CBG.
Some Texas retailers have shown opposition to the bill, saying they vouch for these products as safer alternatives than alcohol for recreational use or medications like antidepressants for therapeutic use. Other retailers are supportive of the bill and want to treat THC as medicine, rather than like “candy.”
While recreational marijuana use is illegal in Texas, hemp has been legal since 2019. If both marijuana and hemp contain THC, why has the latter been legal for the last few years?
Here’s what to know.
What weed is legal in Texas and what’s not?
Marijuana laws in Texas differ from recreational and medical use, but one kind of cannabis is legal and available in most major cities.
Texas does allow for medical marijuana use limited for those experiencing epilepsy, seizure disorders and several other medical conditions. However, recreational marijuana use is still illegal, even if someone brings it over the Texas border from a state where weed is legal.
Lawmakers are looking to expand the qualifying medical conditions for medical marijuana this session with House Bill 46, which is also awaiting Abbott’s approval. Under House Bill 46, the following would be qualifying medical conditions:
- A condition that causes chronic pain.
- A traumatic brain injury.
- A terminal illness or condition that requires hospice or palliative care.
Why is marijuana illegal in Texas, but not hemp products?
It all started when federal lawmakers passed the Farm Bill in 2018, allowing farmers to grow hemp.
Texas lawmakers followed suit, and Abbott signed House Bill 1325 into effect in 2019, allowing the production and regulation of hemp, which comes from the cannabis sativa plant.
Hemp is known for its strong fibers, which can be used in products like building materials and textiles and clothing and cosmetics, according to the National Library of Medicine. Back in the 1940s, Ford Motor Company head Henry Ford even produced a concept car out of the multi-use plant.
While hemp can be used for industrial methods, it’s also used for medicinal purposes.
Cannabidiol, or CBD is derived from hemp and can be incorporated into foods or as an oil or a salve to apply to one’s skin. The process starts with extracting CBD from the plant, which is then diluted with coconut oil or hemp seed.
CBD from hemp can be processed to produce concentrated amount of delta-8 THC, according to the U.S. Food and Drug Administration. Because hemp is legal in Texas and delta-8 is derived from the plant, delta-8 is legal in the Lone Star state if its THC content doesn’t exceed 0.3%.
What form does delta-8 come in?
Delta-8 THC, which is processed from CBD in hemp, is added to edible gummies, vapes, tinctures, smokable flowers and even hard seltzer.
Many CBD shops in most Texas cities sell delta-8 products in a variety of forms and costs. Some gas stations in Texas have gotten in on the action. However, wherever Texans buy delta-8 in the Lone Star state, they have to be at least 21 years old.
When does possession of delta-8 in Texas become illegal?
When the substance contains more the 0.3% THC in it.
Only delta-8 products with less than 0.3% THC are legal to possess in Texas. Anything over 0.3% and you could face charges of drug possession, according to Doug Murphy Law Firm.
Texas has six different levels of penalties tied to illegal substances, including synthetic cannabinoid (both delta forms) products. The penalties include:
- Less than one gram — State jail felony with a maximum fine of $10,000 and 180 days to two years incarcerated.
- One to four grams — Third-degree felony with a maximum fine of $10,000 and two to ten years incarcerated.
- Four to 400 grams — Second-degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.
- 400 grams or more — First-degree felony with a maximum fine of $50,000 and five to 99 years incarcerated.
