A Texas hemp expansion bill by State Representative Briscoe Cain has been scheduled to be debated and voted on the House floor today, April 28th.
The legislation of HB 2818 seeks to amend sections of the Agriculture Code, relating to the definition of agricultural commodities, state plan amendments, and regulations for hemp research. The bill aims to provide an administrative penalty, require permits for specific research involving hemp, authorize fees, and create a criminal offense for those cultivating hemp without a license.
Under the proposed bill, the Department of Agriculture will issue hemp research permits to qualifying institutions of higher education, private institutions, or nonprofit research entities within the state. The permit allows recipients to cultivate and handle various hemp seed and plant varieties without requiring preharvest testing. However, hemp sales or transfers are restricted to certified or approved hemp varieties and must occur at least six months after harvesting.
The bill also outlines the department’s responsibility to propose rules necessary to implement changes to the Agriculture Code, federal statutes, or federal regulations within 90 days of their enactment. These rules should not conflict with existing state or federal laws.
Additional regulations for the shipment and transportation of hemp samples to testing laboratories or other approved destinations are included in the bill. Laboratories that perform testing will be required to report the delta-9 tetrahydrocannabinol (THC) concentration, total THC concentration, and the concentration of any other federally regulated cannabinoid in the sample.
Individuals who have had their license suspended or revoked after planting hemp plants can still obtain preharvest or postharvest testing and harvest their plants under the proposed legislation. The bill also allows for the importation of hemp seeds and plants from other states or jurisdictions, provided they meet specific requirements.
Furthermore, the bill specifies the conditions under which immature plants can be transported, obtained, and cultivated in the state. The Department of Agriculture is tasked with defining “immature plant” in this context.
Violations of the proposed legislation will be subject to administrative penalties, written warnings, and possible criminal charges for cultivating hemp without a license. The bill also outlines the penalties for repeat offenders, escalating from a Class C misdemeanor to a Class A misdemeanor for multiple convictions.
The proposed bill sailed through the House Ag Committee, and if enacted, it will bring significant changes to the regulation and research of hemp within Texas.
