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

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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Law Criticism, While Signaling THC Measurement Standards Change appeared
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