Texas Senator urges state agencies to comply with new hemp federal regulations

AUSTIN (KXAN) -- Texas State Senator Charles Perry, R-Lubbock, has called on state agencies to update its hemp rules to comply with federal regulations.

According to a Tuesday press release, Perry requested that both the Texas Department of Agriculture (TDA) and the Texas Department of State Health Services (DSHS) make these changes to close potential hemp loopholes.

KXAN reached out multiple times to Perry's office for a comment. We will update this if a statement is received.

On Sept. 10, Gov. Greg Abbott issued an executive order banning the sale of THC to minors and regulating hemp derived product, emphasizing testing.

Within 10 days after Abbott signed the order, DSHS must review the rules to:

• Revise testing requirements to ensure that tests measure the total delta-9 THC content of a hemp-derived product by accounting for both delta-9 THC and the conversion of THCA;
• Revise application and renewal fees for hemp manufacturers and hemp retailers to help pay for increased regulator and enforcement costs;
• Clarify and standardize labeling requirements, including listing the amount and concentration on cannabinoids contained in a product, a recommended serving size, and health warnings consistent with consumer protection laws;
• Strengthening recordkeeping requirements for all sales, inventory, and product testing results subject to inspection by the agency. 

The release stated under federal regulations, legal hemp must be tested for total delta-9 THC, which includes both THC and its precursor. However, Texas law is unclear and some argue that it only requires testing for delta-9 THC -- which has given retail stores “loopholes” to sell marijuana posing as hemp that would be illegal to harvest in all 50 states per federal regulation. 

DSHS has started developing its implantation plans and met last week with TABC to discuss coordination between the two agencies, according to a DSHS spokesperson.

While congress has approved states to permit the production of hemp, Perry said the United States Department of Agriculture, or USDA, acting at congress’ direction, “set out the specific requirements that states must follow.”

“One of those requirements is that all hemp must be tested for total delta-9 THC,” Perry added. 

Perry said these requested changes are narrowly tailored and designed to find common ground on the issue. He added that this is also a chance for those THC retailers who testified during the 89th Legislative Session wanting to sell products that "comply with federal law."

"Well here's your opportunity to do just that," Perry said. "At a minimum, Texas has an obligation to ensure consumable hemp products only contain hemp, as that term is defined by USDA."