Perches Law PLLC

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Two Amish men escape police after being pulled over for drinking and driving their horse and buggy

H**p v. Ma*****na

HB 1325 Adopted the Federal Framework

The Legislature adopted the .3% THC federal standard for distinguishing regulated h**p from prohibited ma*****na and set h**p policy for Texas. TEX. AGRIC. CODE § 121.001.

H. B. 1325 requires the Texas Department of Agriculture to regulate h**p through a state plan approved by the federal government. Id. § 121.003.

7 U.S.C. § 1639p(a)(1) differentiates h**p from ma*****na by setting a tetrahydrocannabinol (THC) threshold concentration of .3% or above is prohibited(ma*****na).

The Farm Bill removes lawfully produced h**p-derived products from a Schedule I status under the Controlled Substances Act. Pub. L. No. 115-661, § 12619 (codified at 21 U.S.C. §§ 802(16), 812(c)).

Penalties Regarding Transportation of Unapproved H**p

Failure to have the required certificate is a misdemeanor and also subjects the person to a civil penalty of up to $500 per violation, collectible by the attorney general or any district or county attorney.3 Id. §§ 122.359, 122.360.
Currently, there is no state- approved h**p plan and thus no approved certificate for transportation.

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