Texas is expected to become the leader in national hemp production. Until the state hemp plan gets approved by the USDA, growing, and manufacturing of hemp is at a standstill in the Lone Star State. Is it legal to buy hemp flower legal in Texas? Let’s take a look at Texas hemp state laws.
Is Hemp Flower Legal in Texas?
Yes, the possession of smokable hemp is legal in Texas.
Texas law outlaws the production of smokable hemp flower in the state but does not prohibit the possession or consumption of smokable hemp flower. This means that you can still purchase your hemp flower and smokable hemp products online and use it in Texas.
In June 2019, Governor Abbott signed HB 1325, which authorized the production, manufacture, retail sale, and inspection of hemp crops and products in Texas. The same bill prohibited “the processing or manufacturing of a consumable hemp product for smoking.”
Under Texas law, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. 
Update April 25, 2020
Possible Ban on Retail Sale of Smokable Hemp Products
Texas is one of the ten states to win federal approval on its hemp plan by the USDA. In March 2020, the state opened applications for hemp production and started implementing the new hemp bill. However, the nation’s second-largest state is dealing with a possible ban on retail sales of hemp flower proposed by regulators. If adopted, the draft rules published by the Department of State Health Services would ban the in-state processing, manufacturing, and retail sale of consumable hemp products for smoking (and vaping).
“Rule §300.004 MANUFACTURE OF SMOKABLE HEMP PRODUCT. (a) The processing, manufacturing, and retail sale of consumable hemp products for smoking is prohibited .”
In the draft rules, “smoking” is defined as “burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.”
Currently, the state allows the sale of smokable hemp products manufactured in other states. We’ll have to wait and see how things will unfold and whether or not the DSHS draft rules will be adopted.
Regulating “Consumable Hemp Products”
The production, manufacture, and retail sale of hemp and hemp products, including “consumable hemp products,” became legal with the enactment of House Bill (HB) 1325 in June 2019. As of this writing, the state is in the process of regulating the manufacture of “consumable hemp products” defined as “food, drug, device, or cosmetic that contains industrial hemp or hemp-derived cannabinoids including cannabidiol (CBD).” Once the Texas Department of State Health Services issues licenses for “consumable hemp products” that contain CBD, manufacturers will be able to lawfully produce these products . In the meantime, their sale and marketing is allowed, as long as they come from another state that meets specific testing and labeling requirements.
Total THC Testing Requirements
Now that the rules are adopted, Texas authorities will test hemp plants for Total THC concentration on a dry weight basis. The requirement for testing and disposal come from USDA Interim Rules.
“The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC) and the test result reflect the total available THC derived from the sum of the THC and THC-A content . “
Where to Buy Hemp Flower in Texas?
Online is the best way to order hemp flower if you live in Texas. Here is why: the state doesn’t allow the processing or manufacturing of a consumable hemp product for smoking — so you have better chances at finding fresh hemp flower online. That said, possession and use of smokable hemp are completely legal in Texas.
Texas Hemp Flower for Sale
To create fresh hemp smokables, we work directly with US-licensed growers who have made some incredible strains over the years. The hemp we use for our products comes from the best farms in Washington State, Oregon, and Colorado.
High CBD Hemp Smokables
If you are interested in high-CBD hemp flower, we recommend:
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Fresh Hemp Smokeables
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USPS Allows Shipping Hemp
USPS allows the shipping of small quantities of hemp as a legal crop. To comply with the agency’s rules for shipping hemp, we include lab analysis report and notice to law enforcement in each package.
These two documents confirm that you are getting a legal product shipped to your home — hemp flower with less than 0.3% THC.
Don’t Use Hemp Smokeables in Public
Hemp is no longer a controlled substance in the US, but you should still avoid smoking hemp flower in public. Law enforcement can’t tell the difference between hemp and marijuana, so they are likely to enforce marijuana laws when suspecting unlawful use of cannabis.
Texas Industrial Hemp Program
Texas doesn’t allow growing hemp yet. The state Department of Agriculture (TDA) is required to submit a state hemp plan to the USDA — just like every US state that legalized hemp. 
After the state plan gets approved and the TDA adopts administrative rules, growers can start legally grow and cultivate hemp in Texas. The state Department of Agriculture expects hemp licensing to begin in 2020.
Currently, there is no available permit for growing hemp in the state, but when there is, the number of licenses issued will be unlimited. The new law also capped application fees at $100 with an additional cost of $100 licensing fee per location.
Is CBD Legal in Texas?
Yes, CBD from hemp is legal in Texas. Under new Texas law, hemp-derived cannabinoids, including cannabidiol (CBD), are not controlled substances or adulterants.
The state regulates the sale of “consumable hemp product” defined as a food, drug, device, or cosmetic that contains industrial hemp or hemp-derived cannabinoids, including cannabidiol (CBD) — with less than 0.3% THC.
Under the new law, products intended for ingestion — which contain CBD — are considered foods and are not controlled substances or adulterated products.
Every consumable hemp product needs to be labeled in a certain manner before being distributed or sold, and include a batch identification number, name of product’s manufacturer, etc. The regulation of CBD products falls under the Food and Drug Administration (FDA) guidelines and the oversight of the Texas Department of State Health Services (DSHS).
Although it’s legal to sell consumable hemp products at retail, the state doesn’t allow the manufacturing of these products until the state hemp plan gets approved by the USDA.
FAQs on Hemp Flower Texas State Laws
Texas doesn’t limit the quantity of hemp flower you can purchase at one time. You may find that some hemp flower shops limit the quantity of hemp flower for sale.
No, as a regular consumer, you don’t need a special license to purchase small quantities of hemp flower. If you plan on processing hemp flower, you need a special license to purchase large quantities of hemp flower.
Yes, it’s legal to sell hemp flower in Texas. Consumers can legally possess hemp flower, but producers are not allowed to manufacture smokable hemp products.
Yes, CBD from hemp is legal in Texas. The state legalized hemp cannabinoids, including CBD.
You can order your hemp flower online from a reputable source like MrHempFlower. We deliver freshly produced hemp flower and hemp smokeables straight to your door within 3 days.
Yes, hemp CBD oil is legal in Texas. The state legalized hemp and hemp-derived products, including CBD oil with less than 0.3% THC.
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