Hemp HB 3948, passes Texas Senate with amendments

HB 3948, Hemp Cleanup Bill, passed the Texas Senate today with amendments to include making hemp a feed commodity and synthetic delta-8 prohibitions still in place from the committee.

The new language that addressed the prohibition of THC created by synthesis (considered a synthetic) that causes an intoxicating effect as a consumable product, stayed in place.

The following is proposed conference committee language given to TCC by Senator Perry’s staff after the Senator’s office has worked with Rep. King’s office. It has been made apparent that the two are hoping now to have a conference committee on HB 2953 to remove the delta-8 language from that bill and replace it with the following language on delta-8. The previous delta-8 targeting language can be read in our previous article on the bill.

Sec.443.006.TETRAHYDROCANNABINOL CONTENT.
(a)Notwithstanding any other law, a person may not manufacture, sell, or purchase a consumable hemp product in this state:
(1)that has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis;
(2)that contains synthetically derived tetrahydrocannabinols, as defined by department rule, including
synthetically derived acids, isomers, or salts of tetrahydrocannabinol;
(3)that, in the form and quantity as packaged for consumer use, is reasonably determined by the department to have an
intoxicating effect;
(4)that exceeds any federal limit for tetrahydrocannabinol; or
(5)if additional tetrahydrocannabinol in a concentration greater than 0.3 percent on a dry weight basis has
been applied to the product.

HB 3948 also passed with an amendment to make a hemp feed commodity legal in the state of Texas. Advocates from committee testimony such as Ross Bennett, spoke on how farmers that have a rotating pivot that still operates with no crop could use the space to grow hemp and sell as a livestock feed, cheaper than what the typical feed goes for, making farmers extra money in the state of Texas. Especially if Texas starts this asap as the first state and stays a leader.

The following language for feed commodity was added as well.

Sec.141.008.HEMP IN COMMERCIAL FEED. (a) The service shall [may] adopt rules authorizing, defining, and controlling the use of hemp and hemp products in commercial feed.
(b)Rules adopted under this section must authorize the use of hemp as commercial feed or an ingredient or component of commercial feed for:
(1)pets, specialty and exotic pets, horses, and other animals that are not intended for human consumption or for the
production of animal byproducts intended for human consumption; and
(2)only to the extent authorized by the United States Food and Drug Administration, animals that are intended for human consumption or for the production of animal byproducts intended for human consumption.

Another amendment proposed to the bill will be to protect the concept of Texas hemp branding claims. The language to be added will ensure any product labeled as a Texas Hemp consumable product must be made with at least 3/4 Texas-grown hemp. This was considered a Health and Safety amendment

(c) A person who sells, offers for sale, or distributes a consumable hemp product commits a false, misleading, or deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, if the person claims the product is made in this state and less than 75 percent of the hemp contained in the product was grown in this state by a person who holds a license under Chapter 122, Agriculture Code.

Coleman Hemphill of the TXHIA spoke with TCC about the bill’s amendment and language changes, and how this would affect the industry in Texas on multiple fronts.

“Farmers have a shot at leading the nation with creating hemp feed for non-consumable livestock. Nobody else in the country is doing so and for us to start this program shows that we can lead and innovate on hemp,” stated Coleman.

Mr. Hemphill said that he hopes that the language added to the concentrates bill can be removed as it could vastly harm the hemp industry from the farmer to store in the hemponomics chain of Texas given the interpretation by some. Coleman reiterated that the language of HB 3948 and HB 2593 can be cleaned up in the conference committee to remove language from the concentrates bill and something more amenable such as the language cited above in the hemp cleanup bill. Hemphill ended by noting that this likely won’t be the last time that the discussion of THC or delta-8 comes up in a legislative session.

If the hemp cleanup bill passes with this language, it will go into effect on September 1, 2021.