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Texas Prohibits Sale of Smokable Flower by Texas Retailers

RESTART CBD Texas Bans Smokable Hemp Flower in Texas
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On July 20, 2020 Texas DSHS (Texas Department of State Health Services) posted code 300.104 “banning the retail sale and distribution of smokable hemp products.” The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.HB 1325. The 2019 state bill that legalized hemp farming in Texas, allowed for the sale of smokable hemp products.

The August 2, 2020,  DOES NOT allow the sale of smokable hemp flower.  At least 50% of CBD consumers buy hemp flower,  largely for smoking purposes.  You can purchase “non-smokable CBD hemp flower” from RESTART CBD, for use in teas, tinctures, edibles and topicals.  As for CBD pre-rolls, CBD cigarettes, and CBD Vape cartridgdes, you will need to purchase those online to be shipped from our Colorado distribution center.  You can still request curbside pickup, it’s just might take a day or two to overnight it to Austin.

As a consumer you can purchase CBD in any form.  You can also purchase online, possess hemp flower and consume it, you just can’t purchase “smokables” in Texas.  

RESTART CBD Texas Bans Smokable Hemp Flower in Texas

Smokable hemp has many advantages for people who struggle with chronic pain and anxiety. The health benefits of CBD are well documented. Many children and adults use the non-psychoactive drug to control seizures or to manage chronic pain, among many other When smoked, CBD is absorbed into your lungs and directly into your bloodstream.  When ingested CBD products take longer to be absorbed and lose some of their potency when filtered by the liver.

The state rules effectively strangle Texas’ new hemp market.   Lawmakers are stifling it before it has a chance to get off the ground. Hemp farmers and retailers are frustrated. A good part of our market has been cut off. It’s not really doing anything except stifling Texas from a large market.

“This rule would be the equivalent of permitting a rancher to raise cattle for sale while prohibiting them from selling steak or permitting a farmer to grow corn while prohibiting sale of corn on the cob,” Zachary Maxwell said, Texas Hemp Grower’s President. “The flower of the hemp plant is the most lucrative part of the plant for both Texas farmers and retailers and could provide much needed revenue to the state of Texas. The most predominant usage of hemp flower by consumers is for smoking, and DSHS’ proposed retail ban forces Texas farmers to send their business out of state by seeking out-of-state buyers for their crop, rather than being able to sell their flower crop in state.”

Texas Hemp Growers, a hemp advocacy group, is also preparing a lawsuit to challenge the proposed ban.  Maxwell, said that any ban on specific forms of hemp products violates state and federal law, specifically the federal 2018 farm bill that legalizes the regulated production of hemp.

An attack on any part of the hemp industry is an attack on everyone who is involved in the growing, processing, and selling of hemp products.

Please continue to support us while this is playing out in the courts.

Thank you for your support and buy local.  Even if that means we have to ship it from Colorado.

In May, TCC posted that the Texas Hemp Growers Association has already funded to start a lawsuit against the agency. THGA asserts that the smokable hemp retail ban is unconstitutional. We can expect to hear more about this as the date the regulation goes into effect, August 2, 2020, approaches.

Stay informed, get involved.