Can You Smoke Hemp or Marijuana in Texas?

Since the 2018 Farm Bill Act, consumers all across the country are unsure if Full Spectrum Hemp can be smoked recreationally in all fifty states without penalty. The answer is yes! Smoking hemp is allowed to be recreationally in the state of Texas, although the 2018 law does have restrictions for the cannabis plant to not be smoked in public places. For legal cannabis states, marijuana can be legally smoked and purchased by verifiable dispensaries, while in other states some might only allow the THC full plant to be consumed by consumers who have marijuana medical cards and prescriptions. With the benefits of Full Spectrum Hemp, consumers can be able to find recreational and medicinal benefits for all body wellness and more. As more Texans have embraced the relieving benefits of hemp, consumers might be able to vote on the possible future of legal marijuana in Texas in the next coming year.

What is the Difference Between Hemp and Marijuana?

Both cannabis plants carry a mixture of beneficial cannabinoids like CBD, CBG, and more that interact with our body’s endocannabinoid system to regulate homeostasis or all body wellness. The major difference between Hemp is that it only contains .3% or less of THC, compared to marijuana which can carry up to 5% to 30% of THC depending on the strain. Hemp’s legal trace of THC could also help boost the medicinal properties of the cannabis plant’s 100 plus cannabinoids for possible pain, anxiety, and focus relief. The high concentrate of THC in marijuana could also potentially help consumers with nausea, pain, and insomnia; although the cannabis plant also carries psychoactive effects that could get you “high.”

Can You Smoke Hemp in Texas and Other Areas?

Since Hemp is no longer listed as a controlled substance, the 2018 Farm Bill act legalizes not only the 100 plus cannabinoids in Full Spectrum Hemp but the legal percentage of .3% of THC in the cannabis plant. This makes CBD and hemp-infused products like vapes, oils, skincare, and much more legal for consumers to purchase and consume across the United States. Since CBD oil and CBD infused food has yet to be approved by the FDA as a food additive or substitute, the 2018 law states that CBD infused foods are “not recommended” for purchase. Yet local and Federal government has turned a blind eye to the purchasing of these product’s since retail and online companies have been allowed to sell CBD infused drinks and food online without any restrictions.

Although Hemp is legal to purchase and consume across the country, smoking and vaping hemp has become a debated legal issue within our state of Texas. Many consumers wonder if you can smoke hemp in Texas. In August 2019, the Texas Department of State Health Services (DSHS) was authorized by the state to enact rules on smokable hemp products, which allowed for CBD businesses to be able to sell Full Spectrum products legally through the state. Although in August 2020, DSHS backtracked on their cannabis policies and prohibited the sale and consumption of smokable hemp flower and vapes. The ban was quickly halted when four hemp producers threatened to sue the state for impending to destroy the right to natural relief and economic freedom for citizens.

The Director of Texans for Responsible Marijuana Policy, Heather Fizio, commented that lawmakers are beginning to understand that “it is nearly impossible to enforce” consumers not to smoke hemp when all other CBD and hemp-infused products are legal to purchase and consume. More importantly, Fizio stated, the DSHS lacks the authority to extend the smokable hemp ban to retail sales, since this could encourage companies to mislabel products to avoid prohibition. Mislabeling could put consumers at risk of companies adding chemicals and other substances not intended for consumption in their products.

Where is it Legal to Smoke Marijuana?

In the latest 2020 election ballot decisions, the states of Arizona, New Jersey, South Dakota, and Montana have legalized the recreational and medicinal use of marijuana without a medical card. In the United States, over 33 states have allowed for medical marijuana that is only prescribed by a doctor, although only around 15 states allow for the full legalization of marijuana.

With the legalization of marijuana, a state legislature research team has predicted the taxes of marijuana sales could generate a $126 million dollars a year market for the state of New Jersey. For the state of Texas, smokable hemp products are known to bring in 2.9 million dollars a year in sales taxes. Crowing Distributing LLC, a popular hemp brand that has hired legal aid to oppose Texas’s Smokable hemp ban, commented that in the next five years the state could lose up to $59.8 million dollars in revenue if the ban is upheld. The hemp company also stated in that 52.9% of their Texas CBD retailer sales are from smokable vape and hemp products. Although Texas doesn’t allow for smokable marijuana, possibly the sales taxes from both hemp and marijuana could sway politicians to vote for full legalization of cannabis in the future.

The Future of Smokable Hemp and Marijuana?

Although the smokable hemp ban has been halted, Texas legislators are set to review the issue in February 2021. Cannabis activists are hopeful that more state representatives will be able to see the economic and medicinal benefits of hemp outweigh the problems law enforcement might have with testing legal or non-legal cannabis. Since hemp and marijuana look and smell similar to one another, lab testing for most misdemeanor possession cases has been dismissed due to the back-log of state testing. Since the legalization of hemp, marijuana possession arrests have dropped by 30% from 2018 to 2019 in Texas.

Since the COVID 19 pandemic, more Democratic lawmakers are pushing for the legalization of marijuana to help improve the state’s economic revenue and job growth. State Senator Ronald Gutierrez and State Representative Joe Moody have filed bills proposing the possible legalization of marijuana for the coming 2021 legislative session. Gutierrez states that legalization with Senate Bill 140 and House Bill 447 could create over 30,000 jobs and possibly increase state revenue through sales taxes by 1.1 billion dollars a year.

As more Texans are beginning to see the medicinal and recreational benefits of cannabis, more legislators are pushing to legalize smokable hemp and marijuana products to help increase economic revenue and relief for its citizens. Even though you can smoke hemp in Texas, Go Green Botanicals recommends for consumers to consult with your doctor before smoking hemp or cannabis products. By 2021, Texans might be able to vote on possibly legalizing not only smokable hemp but the legalization of all cannabis.