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Governor Abbott signs law legalizing hemp production, CBD products in Texas.

AUSTIN — Gov. Greg Abbott signed a new law Monday that clears up which CBD products are legal in Texas and will also allow local farmers to grow hemp as an industrial crop, including procedures for sampling, inspection and testing.

The law goes into effect immediately.

It expands the kind of hemp products that can be legally purchased in Texas to include any hemp or hemp-derived products containing less than 0.3 percent of THC, or tetrahydrocannabinol, the psychoactive compound found in cannabis plants, including cannabidiol (CBD) products.

While Texans have found oils, tinctures and other CBD goods on store shelves for years, those that contained even trace amounts of THC were technically illegal here.

Now, Texans are free to use CBD without fear of arrest and long as they are:

  • derived from hemp
  • contain less than 0.3 percent THC
  • and meet other labeling and quality standards

In fact, until Abbott signed the hemp bill into law Monday, state law still defined marijuana and hemp as the same, rendering both broadly illegal in Texas. Marijuana and hemp both come from the cannabis plant family. Unlike its cousin, marijuana, hemp contains low levels of THC.

Cannabis laws were a major issue during the 2019 legislative session that wrapped up May 27. While a bill to decriminalize possession of small amounts of marijuana failed, lawmakers approved an effort to slightly expand who can access medical cannabis under the state’s Compassionate Use Act, this bill is still awaiting Gov. Abbott’s signature or veto.  He has until June 16 to make a decision.

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CBD Certified Hemp Flower

Certified Hemp Derived CBD Flower - Restart CBD


RESTART CBD flower contains Industrial Hemp certified by the Oregon Department of Agriculture. This product contains less than 0.3% Delta-9 THC content, as required by law.

These products are separately defined by the 2018 Farm Bill and state level hemp programs. The mailability of industrial hemp products has been challenged in federal court and upheld in initial and final rulings.  Link here for More Info

Case Information: 

September 21, 2018. Appeal of Determination on Nonmailability. KAB, LLC v. United States Postal Service. P.S. Docket No. MLB 18-39

December 6, 2018. Appeal of Determination on Nonmailability. RNF, LLC v. United States Postal Service. P.S. Docket No. MLB 18-113

Other Facts:

Top 3 hemp states in the US.


“Oregon has a well-established network of hemp growers and processors, plus a sweeping new testing regime that helps boost its position in the hemp industry.

Its 2017 testing law requires hemp producers to give their products the same testing as marijuana, meaning Oregon hemp products will be food-grade quality and tested for pesticides and contaminants.

This could position Oregon hemp products for national dominance, an attractive proposition for growers in this Pacific Northwest state.”

With the passage of the 2018 Farm Bill, hemp is no longer a controlled substance and is now a legal agricultural crop in the USA.

Although the legalization of hemp is big news for US farmers, hemp grown in other countries has always been certified under the USDA organic regulations. Handling operations in the USA have been certified for products made from imported organic hemp since at least as early as 2004.

The USDA organic regulations do not have any provisions that would restrict the types of products that can be made from organic hemp–including CBD. The definition in the 2018 Farm Bill specifically includes all parts of the hemp plant and all type of products made from hemp.

Subtitle G—Hemp Production ‘‘SEC. 297A. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, 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.