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Texas Hemp Summit

Texas Hemp Coalition, the premier advocacy group for the hemp industry in Texas, is hosting its inaugural B2B industry event, The Texas Hemp Summit, this November 11-12, 2022 at the Texas A&M Agrilife Center in College Station.

The event is poised to bring together B2B industry leaders from all across Texas and beyond to discuss farming, processing, cannabinoids, fiber, and retail topics concerning hemp operators through educational conversations and presentations.

The goal of the summit is to address trending issues that are directly impacting our state’s hemp operators, as well as be a learning opportunity for those looking to get into the industry and scale.

Anyone who is interested in getting more involved in the industry, launching a brand, scaling their business, or who may be seeking job opportunities is encouraged to attend.

During these two days, the Texas Hemp Summit will pack keynote presentations, panel discussions, as well as networking opportunities for attendees to get plugged into the most pressing subjects relevant to their passions, and business interests.

Confirmed speakers are:

  • Keynote with the Texas Department of Agriculture, Sid Miller
  • A legal fireside chat with Lisa Pittman of Pittman Legal and Cameron Field of Michael Best
  • Overview of Texas A&M University Hemp field research with Dr. Russell Jessup

And more to be confirmed, so check the website for more details.

The event has industry support from: Flex Payment Solutions, Shimadzu, Tejas Hemp, Caprock Family Farms, Sweet Sensi, Drops of Life, Boveda, Agilent, Hemp Industries Association, Hemp Building Ventures, Michael Best, Haus of Jayne, and more who will also be in attendance to meet you and answer your questions in person during the summit.

Tickets are on sale now for $110 at the Early Bird rate until October 24th, 2022 when they will increase in price, and the event is FREE to all students with valid student ID.

To learn more about the event, and purchase tickets visit: TexasHempCoalition.com/SUMMIT

If you would like to explore membership opportunities, the Texas Hemp Coalition holds regular meetings to discuss pressing topics and would love to invite you to join us as an official member to help champion and advocate for hemp in Texas TexasHempCoalition.org/MEMBERSHIP

Rocket Seeds

How did Rocket Seeds start as a business and what was the vision? Rocket Seeds started up roughly 5 years back in Los Angeles Ca. It was created with the vision of having all the seed banks under one roof like amazon but for only cannabis seeds.  

Tell me a little bit about the backstory of the company and what your position is with them. It begin when Crop King Seeds was introduced to the States by the founder, then brought along other Canadian-based seed banks. It was here in LA when our CEO Landra came up with Rocket Seeds and I have been with the company for over a year now. I started in an entry-level job and then became  Marketing Director/ Social Media Manager. I knew nothing about growing or even about cannabis. I have learned a lot about this growing business. (No pun intended )  It’s crazy to think people really overlook seeds and honestly, they are important.

How does the concept of a seed bank work? Seed banks usually develop cannabis strains OR outsource them thru a trusted breeder to get high-quality seeds. Seed banks usually sell to commercial and individual growers. But we have seen a rise in the wholesale side as Retail stores want to have seed packs available at  their location/s.  The individual grower now has options as to what strain they would like to grow next, and the options are endless: shipped directly to  their doorstep discreetly or walk straight into a hydro store, smoke shop, etc. and pick up a pack!


How does it work with both interstate and worldwide commerce with the varying laws?   The statement the DEA put out stated that cannabis seeds containing less an 0.3% are legally  hemp and they are legal. None of our seeds have THC in them TILL cultivated. So we recommend the buyer to know their state laws regarding cultivation.

What varieties does Rocket Seeds offer?   We have a large variety of different strains; Regulars, Fast Version, CBD, Hemp, Feminized & Auto flowers.   Regulars – these seeds have a 50/50% chance of being either. Sometimes, however, they can also produce intersex plants. We recommend these to experienced growers as these seeds can be used to create new genetic profiles.   Feminized- Just as it sounds these only produce female plants. They are more desirable as they produce more working substances such as THC and CBD than male plants. We recommend this type of seed to growers with some experience.   Auto-flower- Are easy to grow and easy to maintain as they are cannabis strains cross-bred with ruderalis. Perfect for small places indoor or outdoor with a short flowering time.   Fast Version- similar to Autos but these offer a slightly larger yield and can be cloned for mother plants.   CBD/HEMP – what makes this different from Hemp seeds is that CBD contains cannabinoid  content as hemp doesn’t not. And CBD Is usually used as a treatment for a variety of reasons. You can still consume both but you won’t get high.  

You all provide a great deal of education through your blogs – what are some effects you’ve  seen in that side of your company with what that brings to both consumers and your business?   The effect that we noticed from our educational blogs is that we do get a lot of novice growers feeling ready to try their hand at cultivating. We are glad to give that confidence thru this and also have a list of recommended growing sites we promote so you can get all the information you need. We really want our customers to thrive.        

 
https://rocketseeds.com/

MJ Monthly available in NM & OK

The Texas Hemp Reporter recently returned from our New Mexico trip to the Lucky Leaf Expo in Albuquerque and we left a few gifts to our fellow neighbors there. MJ Monthly is the Texas Hemp Reporter magazine with a different cover in the Land of Enchantment and now recreational Cannabis.

We often are reporting on activities in both Oklahoma and New Mexico with regards to their growing medical program in OK. as well as the successful recreational market in NM since April 1st 2022. We have been printing our publication in the last 12 months in Sante Fe and this has gained interest with our printing partners there, and they have been asking when we would like to make plans for distribution in New Mexico. So given the history with Chad and his Lucky Leaf Expo’s that we’ve attended , we decided to launch the TX Hemp Reporter sister brand at the Albuquerque event last weekend.

We have partnered with Moo Publishing in New Mexico to handle distribution in Sante Fe , Las Cruces, Albuquerque & El Paso & Tactical Transportation in Oklahoma to handle our distribution in Oklahoma City & Tulsa. Moo recently delivered the current issue to more than 200 cannabis dispensaries and smoke shops around New Mexico. The footprint represents three of the states largest four grossing revenue markets for cannabis sales. We are only missing Hobbs which comes in 4th in New Mexico in gross cannabis sales, likely to its close proximity to neighboring Texas cities like Odessa, Big Spring, Midland and Lubbock.

The advertising pricing is the exact same pricing as the Texas Hemp Reporter Magazine. In fact, for now . . All advertisers are sharing the the same publications real estate, so both Texas , OK, and New Mexico readers will enjoy the same content, news & advertisers for the time being.

MJ Weekly News is a forthcoming podcast / radio show that Patriot Media Group will produce covering cannabis news for the Southwest US cannabis markets. The sister website will also be MJMonthly.com in the coming weeks for the NM & OK reading audience or both sites will mirror each other similarly.

December Cover New Mexico & Oklahoma.

So just to recap, MJ Monthly is also available in New Mexico & Oklahoma & in Texas as “The Texas Hemp Reporter” your neighbor states of Texas also receives MJ monthly and our advertisers and marketing partners benefit from our combined circulation. Since we print in Sante Fe and deliver 1st to New Mexico and then OK & TX every 60 days while each client benefits from the 3 markets circulation.

Expanding to Oklahoma in December of 2022.

We are currently seeking media partners and advertisers to target their products to the hundreds of retailers that will be receiving MJ Monthly in their stores across the state this December. Over 1200 smoke shop retailers in 3 States!! MJ Weekly News Radio Program Coming Soon . . . .

PODCAST # 100

https://texashempshow.transistor.fm/100
100TH PODCAST!!

Russell speaks with Chad the founder of the Lucky Leaf Expo. The two discuss opportunities in the New Mexico recreational market. Russell recording live from the Albuquerque Convention Center at the Expo. Many vendors and industry insiders are present. Russell introduces the magazine to New Mexico NOT as the Texas Hemp Reporter, but as MJ Monthly in the land of Enchantment. We are seeking articles and story content for business and cannabis news in both Oklahoma , New Mexico & Texas!

WhooHooo!! Over 2 years and still counting . . . .
Did we mention you can vote for us at https://www.texashempawards.com/vote-now

MEDIA/CATAGORY

Podcast # 99

Podcast # 99 Of the Texas Hemp Show:

Rachel & Russell talk about the Harvest Edition of the Texas Hemp Reporter magazine as well as discuss
the Texas Hemp Awards nominations, including our coverage of many upcoming events like The Lucky Leaf Expo, The Texas Hemp Summit, Texas Hemp Harvest Festival and finally the Taste of Texas Hemp Cup are all covered.

Show Notes

New Mexico , MJ Monthly
Special Events  – 

Coming Soon —  Flavor Flav to the podcast

What is The Texas Hemp Show ?

The Texas Hemp Show is the official podcast for the Texas Hemp Reporter Magazine: The Texas Hemp Show is recorded every Wednesday at from 6 -7pm and is released each Friday. For news and the latest information on the growing Hemp & Cannabis industry in the Lone Star State subscribe to our magazine the Texas Hemp Reporter online and follow us wherever podcasts are available.

Don’t forget to Vote for us on the Texas Hemp Awards!

Media/Influencer

ABOUT SUSAN HAYS – CANDIDATE FOR TEXAS AG COMMISSIONER

Texas has two big names on the ballot for AG Commissioner in November. Meet the incumbent challenger, Susan Hays.

If you’ve been in the cannabis space since Texas went hemp, you likely know of her. If you don’t, at least one other person in your connection for hemp in Texas does. Susan Hays is a prolific attorney in Texas that has been at the forefront of cannabis legislation for quite some time. Hays was heavily involved in the crafting of the original language of the Texas hemp bill HB1325 in the 86th regular legislative session.

Susan was named the first cannabis Super Lawyer® in the state of Texas, and continues to be a top attorney in the state of Texas on the topic. Hays has been involved in many other highly prolific cases in the state such as issues with voting in the state and women’s healthcare.

Hays latest case she was involved in revolved around the smokable hemp ban language from DSHS and created by the legislature with HB1325. The state ruled that the legislature’s language was constitutional per the state constitution and federal guidance, but that the DSHS language would have its injunction upheld as the agency dropped their argument. Hays has stated there are limits on what DSHS can add. So it’s likely that they realized they were possibly exceeding their limits as an agency.

Susan’s family has been ranching in the West Texas areas since shortly after the Civil War in the US. She’s a fifth-generation Texan. She and her husband own land outside of Alpine Texas which is southwest of Fort Stockton where they have been experimenting with growing both hemp and hops. She’s noted that her family over the years had started to find a balance between farming/ranching and becoming educated in other industries in order to continue their legacy in the area. Her generation being the ones that left the area for the cities to get higher education and better paying wages. The area has been known for cattle and cotton.

Americans and Texans have not only seen the global economy change, but the Texas economy as well. Along with changing geographical issues that have been arising from recurring droughts in Texas, Hays has seen the need for farmers and ranchers to diversify what they grow or raise. Being dependent on one or two items alone will eventually cause a town and its residents to suffer long term.

On the issue of cannabis though, Hays really dispels the notion that moving the plant towards a legalization direction is a societal disaster waiting to happen. A phrase advocates have used is that the sky is not falling from legalizing anywhere. And Susan is quick to point that out as well. The writing is on the wall. All Texas has to do is read it and be smart about expanding cannabis laws, and Susan feels she is best equipped to do just that as an attorney who understands agriculture.

Susan notes that leadership roles in Texas with their failure to deal with cannabis reform the right way has caused issues. Their failure to adequately fund criminal justice has created a void in the state’s ability to identify and test dangerous black market products. Susan has pointed out several times in discussions that funding for police education and training is vital to the success of these programs and the safety of the citizens in the state as well. When these mechanisms aren’t utilized correctly the market will always fill a void where there is money to be made. Hays points out that Texas’s failure to get ahead of the market only allows the black market to expand while good cannabis operators are at a disadvantage.

She’s publicly stated as well that our forensic crime labs in the state are seriously underfunded. These same labs lack the ability to test mystery substances or do full spectrum analysis on possibly dangerous items such as black-market vape pens. These same labs are already having difficulty processing rape kits and dangerous drugs quickly.

Hays has positioned herself that the state of Texas needs to fund criminal justice and legalize cannabis the right way. Susan believes that a healthy cannabis regulatory regime should focus on some core values:

  • Cannabis should not be regulated more heavily than other products unless there is a valid scientific, medical, or public safety reason to do so.
  • The regime should promote public health and safety while creating economic opportunity for as many Texans as possible.
  • Regulations and taxation should accomplish a clear goal without economically burdening the industry ⎯ or patients.

As Susan Hays puts it: Farming is hard, ethics should be easy

New Mexico Cannabis Market Breaks Sales Record For Second Straight Month

Industry raked in more than $40 million yet again, with no signs of slowing down. The state’s population centers of Albuquerque, Santa Fe, Las Cruces, Hobbs, and Rio Rancho saw the highest July & Aug sales numbers.

The Land of Enchantment’s Green Rush is in full swing. After an impressive July, sales records were set again in August hitting over $40 million beating the previous month by around $300,000. Adult-use sales made up a whopping $23 million of that total in August, eclipsing July by over $1 million.

Analysts continue to be pleasantly surprised by New Mexico’s impressive cannabis sales numbers, bucking trends in other newer markets and setting the bar high (no pun intended). The state’s market remains robust, indicating there are good things to come.

“In most states, you see very early sales during the first few months. Typically sales will fluctuate after that,” explained Andrew Vallejos, Interim Director for New Mexico’s Cannabis Control Division, in an interview with KOAT news. “ We don’t know if there will be seasonal variations in sales. Right now, it looks very encouraging.”

Lucky Leaf Expo will bring two days of high-impact networking, education, and expositions to the Albuquerque Convention Center October 21st and 22nd. The conference is considered a must attend for licensed operators and industry newcomers, offering something for anyone wanting to be a part of New Mexico’s thriving cannabis marketplace.

Join us at our Albuquerque, NM event to catch up with canna industry experts and businesses.

* Explore more than 100 exhibitors

* Hear from a variety of speakers

* Network with other industry professionals and more at the Lucky Leaf Albuquerque business convention and seminars

No Medical Card Needed

CBD & THC for Traumatic Brain Injury: Plant cannabinoids reduce tissue damage and trauma following a closed head injury.

By The Editors of Readers Digest and Project CBD

Traumatic brain injury (TBI) is one of the leading causes of death worldwide in people under the age of 45. Many who survive severe head injuries suffer permanent behavioral and neurological impairment that adversely impacts learning and memory and often requires long-term rehabilitation. An estimated 5.3 million Americans are living with a TBI-related disability.

Even so-called mild cases of TBI can result in post-traumatic seizures, impaired brain function, and lower life expectancy. People can also suffer an acquired or nontraumatic injury, such as in the case of stroke, which causes similar damage to the brain by internal factors like lack of blood flow and oxygen (ischemia).

Cannabinoids like THC and CBD may reduce the trauma and the symptoms that follow brain injury thanks to their positive interaction with the endocannabinoid system (ECS). A 2011 article in the British Journal of Pharmacology describes the ECS as “a self-protective mechanism” that kicks into high gear in response to a stroke or TBI. Coauthored by Israeli scientist Raphael Mechoulam, the article notes that endocannabinoid levels in the brain increase significantly during and immediately after a TBI. These endogenous compounds activate CB1 and CB2 receptors, which protect against TBI-induced neurological and motor deficits.

By manipulating the endocannabinoid system with cannabinoids, medical scientists have been able to reduce brain damage and improve functional recovery in animal studies of stroke and TBI. According to a 2010 report in the British Journal of Pharmacology, CBD can limit the amount of damaged tissue and help normalize the heart rhythm disturbances like arrhythmia that are common after a closed head injury.

A damaged brain can be remarkably plastic, but there is only a limited window of opportunity — generally thought of as 10 to 60 minutes — for therapeutic intervention to prevent, attenuate, or delay the degenerative domino effect of brain cell death and damage to the protective blood-brain barrier that occurs during a secondary injury cascade (a wave of further damage that occurs as a result of the lack of blood flow to the brain following the initial injury). CBD expands that window of opportunity. Researchers have learned that CBD can convey potent, long-lasting neuroprotection if given shortly before or as much as 12 hours after the onset of ischemia.

In 2016, scientists at the University of Nottingham (UK) reported that CBD shields the protective blood-brain barrier from the damaging effects of lack of oxygen and fuel after an injury. CBD prevents your blood-brain barrier from being damaged and becoming more permeable by activating the 5-HT1A serotonin receptor and the PPAR-gamma nuclear receptor.

CBD also protects the brain by increasing the concentration of endocannabinoids in the brain.

The researchers at the University of Nottingham have also conducted preclinical animal or laboratory research that examined the anti-inflammatory and neuroprotective effects of cannabidiolic acid (CBDA), the raw, unheated version of CBD found in the cannabis plant. “Like CBD,” the researchers concluded, “CBDA is effective in reducing blood brain permeability and inflammation in a cellular model of stroke.” CBD and CBDA both restore blood-brain barrier integrity by activating the 5-HT1A serotonin receptor, which mediates CBD’s and CBDA’s anti-inflammatory effects.

Several athletes claim that CBD can help to ameliorate the lingering neurological problems associated with chronic traumatic encephalopathy (CTE), a particularly severe form of TBI caused by the accumulation of numerous concussions.

CTE increases the risk of neurological problems later in life and hastens the progression of dementia. The anecdotal benefits of CBD-rich cannabis oil for CTE are well known among football players, boxers, and other professional athletes who are prone to head injuries.

Project CBD’s 2019 survey found that among people using CBD for a brain injury, CBD proved most helpful for relieving headaches, irritability, and agitation. CBD was less helpful for balance issues. In a small percentage of participants, CBD seemed to make issues with memory, concentration, and self-expression worse, but it’s unclear if that was the result of CBD or THC or if there were other unknown factors at work.

Texas hemp news

Owner of Gulf Coast Hemp Farms Works to Redeem Family Legacy

By Rachel Nelson

Frank Rodriguez and his family have paid the ultimate price for farming marijuana. Collectively, Rodriguez said his father, his brothers and himself have spent decades in federal prison for their crimes. But today, Rodriguez is redeeming his family legacy through his legal business, Gulf Coast Hemp Farms in Harlingen, Texas. 

“I spent 10 years in federal prison for doing what I’m doing now,” he said. “This is very, very important to me. … It means the world to me. I’m very passionate about what I do. I love my job. I love the scientific part of the plant. I love to research the cannabinoids, terpenes, flavanoids.”

When it comes to his farm, Rodriguez said there’s no place on Earth he’d rather be. 

“I live here on my farm. I don’t really leave too much from my farm. I’m here 20 hours a day, every day. I really don’t sleep. I’m just kind of vibing with my plants.”

Flourishing fields

When he launched his current business, Rodriguez said he tested seven different seed strains from Halcyon Seed Company in Colorado to see which would work best in the South Texas drought-prone climate. 

“Out of my seven strains, four did well,” he said. 

According to Rodriguez, planting 2,500 plants per acre is a widespread best practice in hemp farming. However, he said he came up with a way to plant 9,000-10,000 plants on a one-acre plot of land. 

“Everyone was telling me I was crazy and wouldn’t be able to do it,” he said. “I have a beautiful field right now. I don’t have patches or dead plants. My field is complete.”

While there are concerns about the lack of essential air flow in overcrowded fields — which can lead to root rot — Rodriguez engineered a way to make it work. In late September, he began harvesting 85,000 plants from his 10-acre farm. 

He also nurtures his plants with plenty of TLC, even playing music for them.

“Whatever I’m vibing to, whatever I’m feeling, I just play something that makes me feel good,” Rodriguez said. “I figured plants are alive, so they work off the vibration. So, you just put some good vibration for them, and they’ll be fine.”

Rodriguez said the yields from his hemp farming operation in Harlingen are used to create CBD-infused oils, and he works with a business partner in Oklahoma to grow cannabis.

“I have 10 greenhouses and a 6,000 square-foot warehouse, and I grow all my high-quality flower up there,” he said. 

Plants over pills

Rodriguez said his nephew’s journey with post-traumatic stress disorder ignited a passion for exploring hemp’s medicinal benefits. He said his nephew served in the U.S. Marine Corps and is haunted by horrific wartime experiences.

“He spazes out a lot, and the medicine I make really calms him down and makes him a totally different person. The VA prescribed him so many different pills, and he was a zombie.”

Lately, Rodriguez said he has been working with a few doctors and cancer specialists to develop products for patients.

“The sky is the limit as we’re discovering what all the different cannabinoids do. I just want to keep pushing and keep discovering and see how I can make existing medicine better or create a new medicine from my plants.”

When he was shopping around for land to start his business, Rodriguez said he experienced a special synchronicity when he learned that a prospective piece of property was owned by Dr. Nadeel Sarhill, a medical oncologist. The pair worked out a lease-to-own agreement in a seemingly meant-to-be transaction.

“This is God’s plan. I can not see it any other way,” he said. “I’m growing a CBG strain, and it’s doing very well. It’s known to help with brain cell reproduction and chronic pain.”

Rodriguez noted that there are many cannabinoids inside the hemp plant, but only a few have been researched.

“I just want to push forward and continue to grow and to help move our industry to a better spot,” Rodriguez said. 

An evolving legacy

For Rodriguez, his passion for farming hemp and cannabis stretch much further than providing a quality product to customers. 

“My mom’s really sick. She had a heart attack last year. She’s felt her whole life was a failure because my dad, brothers and I did so much time in prison, but she didn’t fail. She didn’t do anything wrong. It was us; it was the laws.”

Looking back, Rodriguez said he tries to put himself in his mother’s shoes. 

“I could just imagine what my mom went through as a mother,” he said. “Imagine always having to defend your kids, your husband, your whole family. Eveyrone’s talking down. Just imagine what it was like for a single parent. I just couldn’t even imagine being in her shoes and what she went through, and I just want to bust ass and make things better for her. 

All photos courtesy Gulf Coast Hemp Farms

“I want to make her proud. I want to make her feel like what she went through wasn’t for nothing. To make the remainder of her years as joyful as possible — that’s all I care about.”

Interview: Ground Game Texas

You’ve likely heard of the growing state and hyper localized movement in the cannabis legalization space: Ground Game Texas (GGT).

GGT has been working several cities on progressive measures to include decriminalization of misdemeanor amounts of marijuana flower. The success has already taken root in Austin, and now Texans wait to see if other towns such as Denton and San Marcos will join the ranks after this coming election in November. I had a chance to reach out and inquire with the co-founders Julie Oliver and Mike Siegel to get some insight and see what is in store for the blooming reform group in Texas.

Jesse Williams / TX Hemp Reporter:  How did GGT come to be the organization it is today? I know that both Mike and you have been candidates for congressional office in the past. What happened for each one that y’all made the jump from that to cannabis advocacy?

Julie Oliver: After our congressional losses in 2020, Mike and I knew we wanted to stay involved in helping push progressive issues forward in Texas while also helping turn out voters. Texas has a terrible record when it comes to voter turnout; e.g. in November 2020, 5.7 million registered Texans did not vote.

Mike Siegel – Julie read a post-mortem on the 2020 election, and one page in particular stood out – it was a page on all of the ballot initiatives that outperformed Democrats in red and blue states. Florida passed a $15/hour minimum wage by ballot initiative. Missouri expanded Medicaid. Nebraska reformed the most predatory of lending practices – the payday loan. And both Montana and South Dakota legalized cannabis. These are really progressive issues that won overwhelmingly in these states, but folks aren’t connecting the dots that their elected officials aren’t passing these issues as legislation.

So voters in each of these states took it into their hands to make change; it’s direct democracy. In Texas, we do not have the power of citizen-led statewide ballot initiatives, but we do have the power to make change happen locally in several cities in Texas. So we decided to start in our own city with cannabis decrim.

TX Hemp Reporter:  – I know of movements in Denton, Killeen, Harker Heights, Austin, and San Marcos here in Texas that are doing decriminalization measures. Are there any other cities currently trying to get a ballot initiative going?

JO – We completed signature collection in Elgin as well. More cities to come in 2023.

TX Hemp Reporter:  Are there any other cities that Ground Game is looking to focus on next with an attempt to decriminalize misdemeanor marijuana possession?

MS –  We are looking at a number of cities for 2023, but Houston is likely one of the cities we will work in with a group of activists there.

TX Hemp Reporter:  – The Ground Game website states,  “We’re not waiting for politicians to make change. We will work to put popular policies on the ballot and engage voters on the issues.” In Austin the decriminalization measure was also with a measure to end no-knock warrants. Are there any other policies that ground game is looking at in Austin, or any other city for that matter?

JO – In South Texas, we are working on $15/hour minimum wage increases for city employees and city contractors. In El Paso, we are finalizing signature collection for a climate initiative that would require the city to take steps to meaningfully address climate change. I think we can also have meaningful reform through the ballot initiative when it comes to civil asset forfeiture.

In order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives.

TX Hemp Reporter:  – Some ballot initiatives like the one in Austin are aimed at getting the vote done during the primary election season/statewide election off season votes. Others are aimed at getting the vote on a midterm election ballot. Can you elaborate on why those votes take place at separate times. Is it because of when voter signatures are due?

MS – We think that putting popular, progressive issues on ballots across our state will help drive turnout in a state that ranks near bottom in terms of voter turnout. Texas had 5.7million registered voters who did not vote in November 2020; that means more folks didn’t vote in Texas than voted for President Biden.

 When a ballot initiative shows up on a ballot is a function of when signatures are turned in to the City Secretary or City Clerk, when the City Secretary/Clerk verifies the requisite numbers of signatures have been submitted, and then when City Council takes it up for vote. Ultimately, we’d love to help drive turnout in lower-turnout elections (like the midterm election later this year).

TX Hemp Reporter: – What other organizations has Ground Game partnered with that are local and statewide organizations to fight for change?   I know of Mano Amiga, Texas Cannabis Collective, and Decriminalize Denton, as I have personally worked with all three in some capacity on campaigns for signature drives and events to change cannabis law in San Marcos and the state?

JO – Yes, we’re grateful for the boots-on-the-ground partnerships we’ve made in the cities you mentioned. We couldn’t do any of this work without local partners. In Killeen, we are working with local activists and the former Mayor Pro-Tem, who retired from City Council but still wants to see meaningful criminal justice reform in her city. In El Paso (which is probably our most ambitious and comprehensive initiative), we partnered with the local Sunrise Movement hub. In South Texas, we are working with Lupe Votes. And as I mentioned, if we do work in Houston next year on cannabis decrim, it will be in partnership with local advocates there as well.

TX Hemp Reporter:  – Are there any other big names whether they be current officer holders, former office holders, celebrities or the like that have shown support for Ground Game Texas? Or are there any names that would come as surprising to show support? I know that Beto O’Rourke has made cannabis a talking point of his campaign for Governor, I can imagine he supports GGT.

MS – I’m sure there are 🙂

TX Hemp Reporter:  – What does the organization see as its future after the 2022 elections?

JO – Texas is a huge state, and we see the opportunity in many cities to put “workers, wages, and weed” on ballots across our state.

TX Hemp Reporter:  The website for Ground Game Texas is https://www.groundgametexas.org/. Are there any other avenues of information for readers to check out to get a better grip on what’s going on with the policy changes you’re tackling that you all could recommend?

MS – In addition to our website, we also have a social media presence – IG, Twitter, FB – @groundgametx

The Future of Chemically Derived Cannabinoids

Every now and then a customer walks into my CBD store, RESTART CBD, and asks for a product or cannabinoid that we don’t currently sell. And as a business owner, I take the ownership of filtering through all the requests we get and ultimately deciding on what product to put on the shelf. That paired with tracking industry trends, requires businesses to stay on top of consumer demands.

While consumers ask and demand, that doesn’t always necessarily mean that businesses need to deliver. It’s why Walmart and Target both exist, in reality, they sell similar products, but they also have two different target demographics.

So with that information in mind, I am constantly filtering what customers are looking for and balancing that with what I’m interested in and willing to sell.

For example, we get asked from time to time if we sell Kratom, which we do not at my store. My brand focuses on selling high-quality cannabinoids vs a more broad smoke shop store type approach. We can’t be everything to everybody, and I think that’s an important piece of discernment for today’s story.

On the other hand, we get asked for products like HHC and THC-P, which are naturally occurring cannabinoids but are more mysterious with less known information about the long-term effects.

It’s interesting because in our industry there are a dozen or so cannabinoids on the market, but the cannabis plant has over 100 different phytocannabinoid compounds and just because we don’t know enough about something doesn’t mean we should demonize it, does it?

This takes me back to when Delta 8 THC hit the market back in 2019, we didn’t know enough about it and everyone was reluctant to introduce products to the market. But a few years later, not that we aren’t still facing some of the same battles, there is more adoption and acceptance of the minor cannabinoid.

So as a brand, how do you determine what is the best product to put on the shelf? And even more critically to consider is what is the quality of the product you are looking to put on the shelf because 80% of something is different than 90% of something, etc.

We now see the emergence of chemically derived cannabinoids. This does get confusing because even though the cannabinoid is naturally occurring like CBN, for example, there is a whole market emerging for chemically creating and synthesizing these cannabinoids.

And thanks to the chemistry you can create a lot of cannabinoids with a lot more stability than when produced naturally, which is an integral part of repeatability for a consumer.

Is it right, is it wrong?

I understand the concern from within the industry, from the purists, the full plant people, and the cultivators, struggling with this recent shift in the market.

I remember having a conversation with a friend who is cultivating hemp here in Texas and he was asking if as a retailer I sell more hemp flower vs Delta 8 flower, and the reality is consumers want the Delta 8 experience.

My advice to the cultivator was to get creative and pay attention to where the market is going if he wants to move his products because consumers are driving the demands.

I also look at the fragility of our industry, without proper avenues for operation we’re left to interpreting the law and getting creative with what some would call loopholes.

I don’t fully think cannabinoids like Delta 8 THC or HHC are outright loopholes, but I do believe that we have yet to bust the door wide open and are just getting a crack at what is to come.

Ultimately we have a choice, as operators, as consumers, as an industry and until we can look at the whole picture instead of just one frame at a time, we’re neglecting the realities and all I’m trying to do is to get us to be on the same page.

A regroup if you will. Texas is heading into our next legislative session in 2023 and the smokable hemp ban just got reinstated for manufacturing and processing.

Will we go another year introducing more minor cannabinoids? We flinch at the idea of chemically synthesized Delta 8 but what about nonpsychoactive cannabinoids like CBN? Where does the line get drawn? And what is this going to do to cultivation of you can produce everything stably in a lab?

I don’t have a definitive answer on what is going to happen or can even speculate on what could happen. Especially with so much up in the air still with the Delta 8 lawsuit still open and an upcoming legislative session.

But as always, I encourage the continuation of this discussion and invite you to tune into my recent episode with Tyler Roach of Colorado Chromatography, one of the leading manufacturers of HHC and CBN amongst other cannabinoids. We dive into the future of chemically creating cannabinoids and what impact that will have on our industry, you can listen at tobeblunt.buzzsprout.com.

THE ECONOMY AND THE PLACE OF HEMP IN US AGRICULTURE

The status of hemp has changed much over the years; after being the world’s most traded commodity, it fell into a state of neglect. Then it was restored, as the hemp movement led by the likes of Jack Herer, rallied the public to support a change in the laws. When I wrote my book in 2006, hemp was for the most part illegal in the US. It was made legal in the past few years on the federal level, and many states now allow it to be cultivated. 

Part of the reason for the change in attitude was the overall usefulness of hemp, which provides many raw materials to industry. This fact is putting hemp more in the spotlight today, as the world is changing faster than ever. Wars and scarcity of supplies are making people think more about the basis of the economy, which, as Adam Smith noted, is agriculture.

One aspect to agriculture is food, as most would readily agree. Another, that is not so apparent, is fuel. Simple biomass, mostly in the form of cellulose, provides raw material for methane and ethanol. The latter is a much debated issue, as in some areas ethanol is mandatory, seen as an environmentally friendly alternative to petroleum.  Economists are now joining forces with ecologists on this issue, as petroleum, much of which is produced in Russia, the Middle East and other areas that are not entirely friendly to the United States at this time, has gone way up in price.

As the price of a gallon of gas rises, so does the price of a gallon of milk. 

This simple logarithm is not so simple, however, when politics and journalists get involved.

Recently Tucker Carlson of Fox News was on the air talking about the use of corn for ethanol, and how this would lead to an increase in food prices. I remarked that there ought to be debate about the fact that corn kernels need not be used, but rather, the waste parts of the plant, known as stover, ought to be in the ethanol vat while the kernels ought to be reserved for the grocers.

Looking over the blog  ‘hempforvictory’, I was reminded that this debate has been going on for decades. In the very first year of posting, 2006, I wrote about a New York Times article which expressed the same concerns as Carlson. Most US readers would note that the NYT and Fox News are at opposite ends of the political rainbow. 

Bipartisan concern happens when a nation is faced with a rise in food prices; we all need to eat, democrat or republican. At that time the rise in a bushel of corn went from $2.00 to $2.10. This sharing of ideas from both sides of the aisle did some good, and the NYT article, by Matthew Wald, suggested that we reduce our driving. Decades later one sees SUVs everywhere, but less on the road as it is costing so much to get them going.

In 2007, corn was again in the news, as a new breed entered the market:  MON863, a genetically modified corn approved for use in Australia, Canada, the Philippines, the EU and the US. It has a gene from the soil bacterium Bacillus thuringiensis. Researchers were finding effects including liver damage and hormonal changes.

The debate on the issue of corn vs. hemp had a new angle to it. No hemp on the market, by the way, has been genetically modified. This was a hotter issue in the EU, where I was working, than in the US (to which I returned in 2009). 

Discussion about using corn, and possibly hemp, as an energy source, continued all over the world. There were food riots in 2007 in Mexico, due to the rise in the price of a bushel, with most leaders missing a major point: the fact that farm waste could be used to produce energy, while leaving the edible parts of a crop for the plate. Jonathan Watts in the Guardian that year talked about biofuel production as if it were an enemy to food production, while George Monbiot of the same paper thought that the waste parts of these plants were most suitable as fertilizer. Clearly journalists did not do a lot of research into economic botany and the public was being given sound bytes, not facts.

This situation continued for years; in 2011 the NYT, along with other US papers, most quoting from the Associated Press, again noted the use of the entire corn plant for ethanol. The story also pointed out that corn is used in high fructose corn syrup and junk food, a fact that might well be noted by those interested in making policies to ensure a steady, and healthy, food supply. Rarely if at all noted in these articles on corn was any mention of the amount of water used in its growth, which is significantly more than that of hemp. 

That same year a major article appeared on the front page of the NYT business section informing the reader that US farmers were dedicating more land than ever to cotton – due to a rise in cotton prices. This would mean of course less land for food, with a resultant rise in prices. The author, William Neumann, quotes farmer Ramon Vela, of the Texas panhandle, as saying he would plant 1,100 acres of cotton that year, up from 210 the previous year. The panhandle had not been a traditional cotton belt, but new strains of cotton that worked well there made cotton very popular. Too popular, and it is now a monocrop in some areas of North Texas. The state grew over one million acres, while the US grew 10.8 acres, and was expected to grow 12.8 acres of this crop by 2012 of ‘King Cotton.”

As it floods the market, it empties the reservoir; it is a thirsty crop, though it takes less water than corn. Texas growers that year had to tap into the Ogallala Aquifer, which was already getting depleted.

Had we grown hemp, this would not be – and hemp is both a food and a textile crop, which uses less water than either corn or cotton. But in that year hemp was still not legal in Texas.

Cannabis herb and leaves for treatment.Buds. Skunk. cbd, hemp buds and money,Closeup of assorted American banknotes.World economic crisis associated with coronovirus.

Now it is time to figure out its place in the state, and national, economy. Presently the major uses of Cannabis sativa are recreational and medicinal. It could play a much larger role in the US economy, without changing production in its present role. The stalks of hemp are raw material for energy, reducing the need for corn, but also of importance they are a raw material for paper.  If all these stalks were pulped and matted into any form of paper – as I have written about already in the Texas Hemp Reporter – we could retrieve the US paper industry. Presently most paper is produced in Southeast Asia, where trees are felled to the detriment of the environment. 

These issues have been simmering in my mind for decades, and I can see that most politicians and journalists are wasting our time. Both ought to take courses in farming before they are allowed to plow the fields of politics, which field that I feel obliged to enter. One of my major reasons or this is to sow common sense into the debate so that the basis of our economy, that is, I repeat in closing what I noted in my opening, agriculture, will be managed properly.

Which may not seem like a major issue in the 13th Congressional District of New York State (Upper Manhattan and part of the Bronx)  but is one which does affect everyone. Should farming in Texas become inefficient, the residents of every US city will feel it. I will have to run as a write-in candidate, with no party affiliation, against an incumbent with ties to Big Pharma. Other issues, of course, will be in my campaign, including the creation of a tidal turbine in the East River (to reduce dependency on petroleum while introducing a green energy initiative) and the improvement of the NYC education system (which is currently very bad). 

Should I win the seat, the House will be hearing more about hemp, along with other agricultural issues, for which I aim to achieve bipartisan support. On rare occasion, this has been known to happen, especially when people are faced with food scarcity.

Hopefully, that will not be the case. 

Ken Gibson

New York City

POT THE VOTE

IF VOTING FOR CANNABIS FRIENDLY CANDIDATES IS HOW YOU CHANGE THE LAW IN THE STATE OF TEXAS IN NOVEMBER, HERE’S WHERE THEY STAND

We’ve finally escaped primaries in the state of Texas with the runoffs giving us our November candidates and new seat holders. Some seats are called as there will be no opponent on the ballot in November. Unfortunately this also means that there is likely to be a point of contention among people when it comes to discussing cannabis friendly candidates showing on the ballot where there are incumbents and party loyals.

Cannabis herb and leaves for treatment.Buds. Skunk. cbd, hemp buds and money,Closeup of assorted American banknotes.World economic crisis associated with coronovirus.

When it comes to the individual reps on the ballot, most Democratic candidates have shown to be in favor. That does not mean the Republican candidates are always opposed either. Texas NORML has put together a wonderful list of candidates that responded to a survey they put forward well before primaries started. Several questions were asked and candidates were given a chance to respond. If a candidate for your state house or senate district has not responded, it is recommended that one reach out to the contact information listed on the survey results for that candidate.

On a state level it’s not looking so much in the favor of the Republican candidates this election. Greg Abbott has signaled that he does not want to see prisons and jails filled with cannabis offenders, but has also put forward that possession should still be hit with criminal penalties instead of civil penalties. Abbott has stated that he is a hard no on legalization of marijuana and has not signaled any current favor towards expanding the medical cannabis side of things in Texas.

Abbott’s Democrat opponent Beto O’Rourke is almost a total 180 on cannabis positions. Beto has posited legalizing to help provide property tax relief and help to fund schools in the state. Expanding the medical program on the radar, and so is eliminating criminal penalties. It should be expected to be a big topic when it comes time for debates between the candidates.

Lt. Governor Dan Patrick.

Abbott’s stance on criminal possession charges, while better than not moving it at all, is hit by a roadblock of the incumbent Lt. Governor Dan Patrick. Patrick is the Republican incumbent running for this election with Democratic opponent Mike Collier making a ballot appearance return. Collier was the Democrat opponent 4 years ago and lost by a narrow margin.

Patrick has vocalized in a previous legislative session that any movement to decriminalize cannabis possession would be killed in the Senate.Legalization is off the table with Patrick and the notion of getting medical advancement is insanely difficult given that Patrick has shown to not be favorable and his stand-ins during his absence on the floor have been rather against cannabis progression as well.

Collier has been vocal about changing the law in the state and has been in favor of using the program for the same reason’s Beto has. Collier has also noted that a vast injustice has been created socially with the criminalization of cannabis and that legalization would rectify that. One may think that Collier would be a Texas favorite for this election given his work within the oil industry in Texas along with his work with the highly trusted accounting and audit company PriceWaterhouseCoopers. The agency is known for maintaining the integrity and secrecy of the academy award nominations every year. Oil and election integrity – sounds very Texas.

Then there is the race for AG Commissioner. Incumbent Republican Sid Miller has been on the record saying that he desires to see cannabis move forward for medical reasons in the state of Texas and changes for the better with the hemp program in the state. These statements came about before the most recent legislative session. Unfortunately, Mr. Miller was not very vocal publicly during the 87th legislative session and a hemp cleanup bill was killed over delta-8 language added by the senate. Medical only moved a slight margin with no public statements from Miller during the legislative session on that topic either.

Sid’s opponent is Democrat Susan Hays. Susan is an attorney and a rancher in Texas and has most recently been in the spotlight as one of the attorneys involved in the smokable Hemp ban case. Susan has helped to craft the hemp bills in Texas and guide the process so that things like who is responsible for what, would make more sense. Of course language gets changed after drafting it and before it’s submitted for official filing by an official. Hays has been vocal about having a properly regulated program in place that makes sure each law enforcement agency in the state is aware of the agricultural programs Texas now has legalized.

And when it comes to attorney general, there is the incumbent Ken Paxton whose office  is currently fighting the delta-8 cases brought forward by the Texas Hemp Federation. Paxton’s office was initially trying to defend a retail ban along with the manufacturing ban of smokable hemp products in the state of Texas. The retail ban was not kept as DSHS dropped fighting to keep it. Paxton has not shown any support for the industry.

Rochelle Garza is the Democrat opponent that Ken Paxton will have to face in November. Garza’s stance is that of “it never should have been criminalized. The fight for legal cannabis isn’t about making a dangerous substance legal. 18 states have already legalized cannabis, and Texas needs to be next if we want to jump-start criminal justice reform.”

It would be great to see conservative statewide office holders showing the enthusiasm Sid Miller was showing in 2020. The voting base is for it and that includes Republican voters when promoting it to fund schools and keep property taxes down. As much as there are conservatives that are for having a stellar medical program the way Oklahoma does, the key positions within the statewide offices, don’t seem to be there.

The offices and incumbents need votes to stay around and every candidate is doing a behavior to either obtain something or avoid something. They need votes to obtain time in office and avoid getting out to the curb. Elections happen so that people can decide to not give them their votes if they cannot learn to do the right things for the people when in office. This is your voice Texas, this is your vote. We as journalists shouldn’t tell you how to vote when it comes to articles such as these. But when it comes to these topics we can give you the facts available on their positions and the candidates history with the topics.

Be sure to vote, Texas. If you are not registered, do so. Start finding out now what your voting locations are and your candidates. Ask them questions. Use your first amendment right and question these people. To check out the NORML voting guide for Texas, just Google Texas NORML Voter’s Guide

Mr. Nice Guys: Not Your Average Smoke Shop

If you’re looking for an eclectic mix of local glass, CBD products, delta strains and more, check out Mr. Nice Guys in north Austin.

Located at 13201 Pond Springs Road, Suite 105-A, Mr. Nice Guys is far from your run-of-the-mill smoke shop, according to owner Kelly Gartzke.

”We have an amazing selection of local glass as well as work from artists around the country,” he said. “We try to be the shop that carries something for everybody, and we always have a friendly, knowledgeable person working.”

The shop takes its name from the 1998 movie Half Baked — the popular marijuana culture comedy. Through the years, it has grown a loyal customer base.

“When new customers come in, we hear them say, ‘I found my new smoke shop’ all the time,” Gartzke said. 

Gartzke first opened the shop in south Austin with his business partner, Jeff Turner, in 2006, but it wasn’t their first business venture. They also own Chief’s BBQ on South 1st Street. Four years ago, Mr. Nice Guys moved into its north Austin location — close to The Local Outpost Saloon and Shenanigans Nightclub. In addition to its broad selection of products, the shop strives to provide top-notch customer service. 

“We want every customer to leave with a smile,” Gartzke said. “We take really good care of our customers. One of the things we do that most shops don’t is that if you come in and ask for an item we’re out of or we don’t carry, we put you on a list and call you as soon as the item comes in.”

Gartske calls the store a “one-stop-shop” for CBD, vapes, glass and more. In addition to hand-blown smoking accessories, Mr. Nice Guys carries glass jewelry, marbles and millefiori (decorative glass pieces with distinct, intricate patterns). It also carries CBD treats for dogs and humans, as well as a unique collection of apparel and backpacks. They are also planning for an 1,800-square-foot expansion. Be sure to follow them on Instagram (@mr_nice_guys_austin) for emerging details

Gartzke said business is good and that the shop’s sales have doubled since the pandemic struck in 2020. “We’re headed for another record year this year,” he added. 

‘Hemp to be Free’: Nil-Cannabinoid Dual-Use (Grain:Fiber) Hemp in Development 

‘Type V’, cannabinoid free hemp’–compared to Type I (high THC), Type II (moderate THC & CBD), Type III (high CBD), and Type IV (high CBG) cannabis–would ensure THC compliance regardless of crop maturity.  Development of Type V hemp with combined fiber fractions on lower stalks and seed production on upper branches is underway to provide a dual-use alternative crop for Texas producers across millions of acres currently cultivated in cotton, sorghum, and other crops.

The nutritional value of hemp seeds is remarkable, having an ideal balanced omega-6: omega-3 fatty acid ratio (2.5 : 1) that is similar to salmon and far superior to soy (6.9 :1 ), corn (60 : 1), olive (> 100 : 1), or sunflower (> 100 : 1).  Hemp seeds have been consumed throughout history, and Texas A&M University researchers are working to further improve their nutritional value. One PhD student in the Industrial Hemp Breeding Program (Christopher Garcia) is currently working to induce plants to double their chromosomes. This results in exceedingly large seeds, increasing their value as a grain crop and luxury food. 

Another PhD Student in the program (Joshua Van Dyke) is working to develop hemp completely free of cannabinoids in order to reduce the THC-compliance risk for farmers seeking to grow hemp for its grain and/ or fiber commodities.

Interest and funding in grain: fiber hemp in TX has to date been very limited, but if successful his project would essentially guarantee farmers 100% compliant hemp crops.  Providing this level of security could alleviate the hesitancy that significantly hinders mass cultivation of hemp.

Texas A&M University’s industrial hemp breeder (Dr. Russ Jessup) has prioritized both Christopher and Joshua’s projects in order to develop dual-use (grain: fiber) hemp cultivars that are economically attractive to farmers, industrially suitable for fiber markets, and nutritionally superior for consumers.

Texas Supreme Court Bans Manufacture of Smokeable Hemp

Today, in a unanimous decision, the Texas Supreme Court held that the Texas Constitution does not protect an individual’s right to process and manufacture smokeable hemp products, and therefore upheld two 2019 laws that prohibits the processing and manufacture of smokeable hemp in Texas.  Texas Dep’t of State Health Services and John Hellerstedt v. Crown Distribution LLC e. al, No. 21-1045; 25 Tex. Admin. Code § 300.104; Tex. Health & Safety Code § 443.204(4).  

Importantly, the Decision does not ban the “distribution” or “retail sale” of smokeable hemp products, actions which had previously been banned by the Texas Department of State Health Services (DSHS).  A trial court enjoined the provisions of the law related to distribution and retail sale, and the state declined to continue its defense of those provisions in its appeal to the Texas Supreme Court.  Therefore today’s Texas Supreme Court decision leaves the trial courts injunction intact. 

Overall, the decision is a significant blow to the hemp industry in Texas, and a glaring reality check as a new legislative session looms, and another Texas Supreme Court case on the legality of Delta-8 THC is expected any day. 

The lawsuit decided today by the Texas Supreme Court stemmed from Texas’s first hemp legalization bill in 2019.  When Texas established a hemp production program through HB 1325, the law specifically prohibited “the processing or manufacturing of a consumable hemp product for smoking.” Tex. Admin. Code Title 25, § 443.204(4) (emphasis added).  “Smoking” was broadly defined to essentially prohibit the processing or manufacture of any sort of hemp vape devices or prerolls in Texas. Tex. Health & Safety Code § 443.001(11).  The law also directed the Texas Department of State Health Services (“DSHS”) to promulgate rules to govern the consumable hemp industry.  DSHS initially went two steps further than the Legislature’s smoking ban and further prohibited both the distribution and retail sale of smokeable hemp products in Texas—those provisions remain enjoined and unenforceable.   § 300.104. 

Hemp retailers, distributors, and manufacturers challenged the smokeable hemp prohibition in 2020 in Crown Distributing LLC et al. v. Texas Dep’t of State Health Services and John Hellerstedt.  The hemp company plaintiffs submitted a petition on August 5, 2020 for a temporary restraining order, temporary injunction, and permanent injunction—the impact of which would effectively prohibit the State from enforcing the smokeable ban. A Travis County trial court issued a temporary injunction prohibiting the State from enforcing the smokeable hemp ban on September 18, 2020.  The State appealed the injunction.  The Court of Appeals affirmed the injunction in part, reversed in part, and remanded the case back to the trial court in Travis County.  

Delta 8 Texas

Following a trial on the merits in Travis County, on November 16, 2021 the trial court declared the statutory smokeable ban unconstitutional and therefore the entire DSHS rule to be invalid.  The court enjoined DSHS from enforcing the statute or rule that created the smokeable hemp prohibition.  However, on December 3, 2021, the state again appealed the case, this time directly to the Texas Supreme Court, which can be done when a trial court issues a ruling on the constitutionality of a law, as was the case in Crown Distributing.  

At the Supreme Court, the state stopped defending the portions of the law that dealt with “distribution” and “retail sale,” but continued to defend the prohibition on manufacturing and processing.  The hemp companies asserted the law violated a section of the Texas Constitution which reads that “[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disenfranchised, except by the due course of the law of the land.” Tex. Const. art. I, § 19.  The companies argued the smokeable hemp prohibition was a violation of the guarantees of art. I, § 19 of the Texas Constitution, but the court did not agree.  The court ultimately found that the legislature’s decision to adopt a new framework of regulations for cannabis in the 2019 hemp bill does not transform the hemp companies’ desire to produce smokeable hemp products into a constitutionally protected interest.

While this decision will unlikely slow the growth of sales of smokeable hemp products in the state, it will guarantee that businesses who make such products in Texas will need to shut down their manufacturing operations, and out of state businesses looking to establish manufacturing operations in Texas will now look elsewhere.  The decision and law also generally paint Texas as not-friendly to the hemp industry, which will likely stop an unknown number of companies from expanding or growing their operations in Texas, and therefore deprive Texas of the potential jobs and tax revenue those companies will provide. 

The industry will likely have a knee jerk reaction against the Texas Supreme Court for this decision, but the decision is a legal analysis of a law passed by the legislature and DSHS.  Delta-8 will likely be dealt a similar blow by the courts in the coming weeks.  The industry’s frustration and efforts need to be directed toward the legislature and DSHS authorities that continue to pass rules that hamper rather than support the hemp industry.  

Cameron Field is Senior Counsel and Co-Leader of the Cannabis Industry Group at the Law Firm of Michael Best & Friedrich LLP in Austin, TX.