{"id":8399,"date":"2020-01-27T13:25:44","date_gmt":"2020-01-27T19:25:44","guid":{"rendered":"https:\/\/agrilife.org\/texasaglaw\/?p=8399"},"modified":"2026-04-17T15:20:02","modified_gmt":"2026-04-17T20:20:02","slug":"summary-of-proposed-texas-hemp-regulations","status":"publish","type":"post","link":"https:\/\/agrilife.org\/texasaglaw\/2020\/01\/27\/summary-of-proposed-texas-hemp-regulations\/","title":{"rendered":"Summary of Proposed Texas Hemp Regulations"},"content":{"rendered":"

UPDATE:\u00a0 On February 27, 2020,\u00a0the USDA announced that it will temporarily delay enforcement of two provisions of the Interim Final Rule on hemp production. until October 31, 2021 or the publication of the Final Rule, whichever is earlier.\u00a0 First, the DEA will delay enforcing the requirement that THC testing must be conducted at DEA registered laboratories.\u00a0 Instead, testing may be conducted by labs that are not yet DEA registered.\u00a0 Second, USDA will delay enforcement of the requirement that producers use a DEA-registered reverse distrubutor or law enforcement to dispose of non-compliant plants.\u00a0 Instead, the producer may dispose of his or her crop using one of the methods listed by the USDA<\/a>, which include plowing under, disking, and\u00a0 burning, among other options. The USDA says it is delaying the enforcement of these rules due to comment received in response to the Interim Final Rule and from discussions with states as they develop their plans. “We have learned that these provisions will serve as a significant hindrance to the growth of a domestic hemp market at this nascent stage.”\u00a0 [Read guidance here<\/a>.] Texas has yet to publish its final hemp production regulations, but according to the Texas Department of Agriculture website, they should be forthcoming soon. It will be important for Texas producers to determine whether the TDA final regulations take the same delayed enforcement approach as the USDA.\u00a0<\/em><\/p>\n

UPDATE:\u00a0 The Texas Hemp Plan was approved by the USDA today, January 27, 2020.\u00a0 Note that the TDA still has to publish the final version of the regulations and announce when it will begin accepting license applications.\u00a0<\/em><\/p>\n

This article summarizes the proposed Texas Department of Agriculture (TDA) regulations titled Hemp Program as submitted to the Texas Register on January 10, 2020.\u00a0 These rules are not final and have not yet been adopted by TDA.\u00a0 A copy of the proposed regulations may be found here<\/a>.\u00a0 Public comment is open through February 10, 2020.\u00a0 For more information about submitting comments, click here<\/a> and look under Texas Hemp Program FAQ.<\/p>\n

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Photo by Kay Ledbetter, TAMU AgriLife<\/em><\/p><\/div>\n

Licensing<\/u><\/strong><\/p>\n

Producers looking to grow hemp will need to obtain both a license and various permits.<\/p>\n

TDA License<\/u><\/em><\/p>\n

First, all producers, handlers, or those who will sample or collect hemp will be required to obtain a TDA license.[i]<\/a>\u00a0 This will require an annual online application.[ii]<\/a>\u00a0 For producers wishing to renew a license, a renewal application must be submitted prior to the expiration of the current license as there will be no automatic renewals.[iii]<\/a><\/p>\n

The application will require the following information:<\/p>\n