Texas Regulates Consumable Hemp (CBD) and Bans Smokable Hemp

Texas Regulates Consumable Hemp

Beginning August 2nd, 2020, new regulations regarding hemp will take effect in Texas. The regulations were enacted by the Texas Department of Safety Health and Services (DSHS) and set forth requirements for the manufacture, distribution and sale of consumable hemp products, including CBD. You can view the regulation in its entirety here: https://texas.public.law/statutes/tex._health_and_safety_code_title_6_subtitle_a_chapter_443

The purpose of these regulations was to establish a standard – one of the highest in the country – for truthful and transparent labeling, packaging and testing of hemp products. Those in the hemp industry who already make and sell quality and honestly-labeled products believe these regulations are a positive step in providing consumers with the best hemp/CBD products.

Hemp/CBD brands are now required to distinguish if the product was in fact manufactured by them, or whether they placed their label on another company’s formulation. This will help to highlight self-formulated products (original) from other products who merely self-brand a product that includes the same ingredients as a multitude of products already on the market (white-labeled).

The regulations also require hemp brands to test their products through third-party labs for potency and cannabinoid profile to make sure the consumer is getting the amounts and ingredients advertised. Tests are also required to reveal any pesticides, microbials and heavy metals that may have been absorbed through the soil and also any residual solvents remaining from processing the hemp. These requirements will separate the high-quality brands from the bad actors.

“Smokable Hemp” Ban

Tribe offers CBD and other cannabinoid products such as capsules, tinctures, gummies, coffee, just to name a few. We also sell a limited amount of hemp flower and vapes.

The most controversial part of the DSHS regulations will make “smokable hemp” illegal to sell in the State of Texas. The industry is still unraveling how these regulations will be enforced but we understand that this ban includes “ready to smoke products”, such as vapes and pre-rolls. While we do not know exactly why smokable hemp was singled out, we assume it is because of the hemp flower’s resemblance to marijuana flower, which makes it difficult for police officers to distinguish.

What we are clear on is that for many with PTSD and others with anxiety, pain and nausea, smoking or vaping hemp CBD has been a tool of survival. While not everyone who takes CBD smokes it, it remains the fastest method of getting the CBD into your bloodstream. And for those who depend on CBD to stave off a panic attack or need absolute, fast relief, smoking is their best option. After August 2nd, they are without this option in Texas.

A large part of our mission at Tribe is to educate the consumer on not only what makes a quality hemp/CBD product but also how best to use it and for what purpose. We also work to inform the community of the latest in regulation of hemp, as we believe it is a useful tool in keeping bad-actors out the market and keeping the industry honest, transparent, and focused on healing and sustainability. Please contact us if you have any hemp/CBD questions. We believe in the power of the plant and are here to help.