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Tag: Texas Cannabis

The Possible Fate of Delta-8 in Texas

Texas advocates and business owners should be prepared at minimum to fight like hell if needed.

Texans turned out to the polls late October and early November to show who they favored to be stewards of Texas for the next two to four years.

The results are a largely unchanged Texas legislative landscape. Republicans still have a majority, a few new faces will appear, and statewide incumbents that ran kept their seats.

Last year, I chimed in on delta-8 in Texas. I noted that in this next legislative session we can expect to see varied interests coming out on all sides, including medical marijuana groups that are going to have input about this, and the hemp industry needs to be ready with answers and be ready to fight for their products. We are all in this together and we all need to push the industry forward together in a healthy and responsible fashion if we want this to work.

I think those words are still true today. With what everyone saw transpire in the 2021 legislative session, people should be ready for a war on the hemp front overall. Delta-8 is not the only thing on the line.

We watched as several bills moved over to the senate, to include one that dealt with penalty reduction measures for concentrates of marijuana. The hemp clean-up bill was involved in the mess that resulted in the death of both bills.

Take a look at the current planks for the Republican Party of Texas and you’ll notice that they mention hemp. That the party wishes to reduce the regulation of hemp in the state. How would that even be done in a state where the state is looking for its program to meet just the minimum federal requirements to stay as open as possible?

The program gets more restrictive is what takes place. How can removing regulation make things more restrictive you may be asking. Currently the state of Texas has a regulation as part of the law for the hemp program that keeps a county from banning hemp as a whole or in part. They cannot ban the transportation through their county, per federal law, but when has that stopped Texas from still arresting for the transportation of hemp and confiscating the plant?

Deregulating in that area would allow places like Montgomery County, Navarro County, and counties across the panhandle to explicitly ban the substance. It could be flower they ban, it could be oils that they ban. Edibles could go away, so could industrial hemp if they so desire. They could just say that hemp as a plant is banned there.

Delta-8 was the obvious target last session. It was setup in a way to cause factions between the hemp industry. Farmers vs shops was the dichotomy that was evident in the end. Both should be on the same team though. The farmers make money from their product currently being sold by shops as the industrial side is still getting set up to process mass product. Ending either side of that equation in the next few years will cripple the Texas hemp market even further.

Federally a court has ruled that delta-8 is a legal item on that level. That if congress intended for it to not be an item of legal availability, the body could have done something about it by now. There is nothing that explicitly states though that a state has to keep a specific isomer.

This should be expected in the upcoming legislative session. And it must be said as a big picture item that hemp bills are not the only place where hemp can get torn apart. The industry will have to pay attention to all of the cannabis bills put forward this session. Delta-8 could face issues in any number of bills.

Pay attention to the advocacy organizations in the state and when they are releasing updates about legislative items. If you’re a consumer, be ready to write letters and show up to hand out information or be available when a mass lobby day is announced. For business owners and consumers alike, be ready to testify at committee hearings that could be scheduled for 8am one morning and not have the bill heard until 9-10pm at night or possibly later.

If you are a business owner in this space, this is part of running your business from the start of the legislative session, until the end of said session in 2023. Your business is on the line, your farm is on the line, your processing facilities are on the line. If you are a consumer, your favorite products are on the line. Do not let this slip away without a massive push to keep it in place at a minimum.

How to Pitch Pot to Conservatives (For Starters, Call it “Cannabis”)

Grassroots and Hemp Seeds: How Traditional Political Action Has Failed TX Cannabis

With the 87th Texas legislature having come and gone without any particularly exciting progress on cannabis, it is clear that efforts on selling the conservative voting bloc on legalizing it have not been as fruitful as we might have hoped. Sessions come and go, and while other states are generating billions of dollars in tax revenue through recreational cannabis markets, funding education and social programs, and generally not being the worst to their voting constituencies, Texas continues to push the bar on careless legislating.

It might be fulfilling, even entertaining, to blame the legislature and the politicians, but keep in mind we vote them in, and remember this when considering whose name to tick off next time. Willie Nelson for governor anyone? He does claim to have begun the “Teapot Party”, but let’s hope he doesn’t take to tossing bales of cannabis into a harbor should Texas ever decide to legalize and tax the agricultural commodity.

Cannabis is Not from California, Nor Will It Turn Texas Into California

marijuana leaves cannabis plants a beautiful background

Texas does not have to become California to make progressive steps towards generating billions of dollars in tax revenue. Instead of hippie weed, why not country wildflower? It’s all about framing and packaging, and given that some of the worst political presents in history were wrapped in the most wonderful cutest little boxes that the nation just could not wait to tear open, why not repackage the cannabis market for the Texan psyche?  

The drastic leaps backwards concerning women’s reproductive rights notwithstanding, the 87th Legislature of Texas denied cancer patients and veterans the ability to purchase cannabis with sufficient levels of THC to do what the entire purpose of medical marijuana is to do: provide adequate levels of THC to impactfully support treatment.

If the government were to limit the amount of alcohol allowed in beer to ineffective levels, or deny sufficient amounts of cheese to populate the space between patties and buns on a Big Mac, the nation would explode like a powder keg into a second civil war, complete with patriotic psychedelic fireworks (more on psychedelics in a future article).

So how do we get the conservatives on board and actually make some godforsaken progress this next legislative session? Pitch them not on the lifestyle benefits of pot, but on the economic value of the complete cannabis plant. Hemp is cannabis. Hemp is legal, employing thousands of citizens and generating millions in taxable revenue for good ‘ol Tejas at this very moment.

The mainstream asks, “so how is hemp legal and weed is illegal if it comes from the same plant?” Great question, mainstream, let’s draw a parallel they’ll all understand.

The Alcohol and Tobacco Analogy Pushes the Dials and Doesn’t Just Run the Wheels

Alcohol is to wheat what marijuana is to hemp and nicotine is to tobacco: an agricultural byproduct. All three are intoxicants, all three can alter one’s consciousness, although only two kill hundreds of thousands of Americans annually, the two that are legal. Why again is marijuana illegal?

It’s Already Here, Why Not Tax It and Save on Useless Law Enforcement Efforts?

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

The character played by actress Michelle Rodriguez in the film “Machete” by director Robert Rodriguez says something like “We didn’t hop the border, the border hopped us.” The historical and political poignancy of this quote from an otherwise grindhouse feature of ultraviolence and Danny Trejo-driven awesomeness aside, cannabis in a similar manner has already transcended the borders of Texas. We have legal hemp, and if you might be looking for a product of the cannabis plant containing more than the legally allowed .3% THC, you likely know a person, or know a person who knows a person. You dig? It’s around, man, don’t be a square and it just might find you.

Marijuana Enforcement Measures are Exceptionally Discriminatory

As reported by the New York Times, Willie Nelson was caught by canine officers in the West Texas Town of Sierra Blanca with a quarter ounce of “high-grade, domestically grown marijuana”. Way to keep it ‘Merican Willie. The Hudspeth County Attorney on the case, Kit Bramblett, stated to local publication The Big Bend Sentinel, “I’m gonna let him plead, pay a small fine, and he’s gotta sing ‘Blue Eyes Crying in the Rain’ with his guitar in the courtroom. I ain’t gonna be mean to Willie Nelson.”

Now, substitute out “Willie Nelson” for “a Black teenager in a hooded sweatshirt”, and take a moment to envision what might have happened to our theoretical teenager if caught in West Texas with a quarter ounce of “high-grade, domestically grown marijuana”. I think it is safe to assume the canines and officers would have taken a different approach during the arrest, and the prosecutor would not be asking them to sing ‘Blue Eyes Crying in the Rain’ in the courtroom then let them go with a small fine.

Making the Effort? Reaching Out to Your Representatives

While you might think that the hemp companies generating hundreds of millions annually and their lobbyists will sway the minds of the Texas Legislature to legalize marijuana, don’t. It hasn’t happened yet, while recreational cannabis has been proving it value across the nation for nearly a decade at this point. While niche progress is made here and there to support commerce and the interests of the companies paying the lobbyists, as with the smokable hemp ban, broad political change takes broad effort on behalf of the body politic. Us.

Reaching out to your local representatives and communicating your position in support of legalizing recreational cannabis might be helpful. Before voting, determine who supports cannabis, and ask them what they plan to do in support of it if they make it into office. Vote with your voice, and inform your choices with hard data not glossy propaganda. Instagram is not news, but do slide into people’s DMs whom you find attractive, that’s what it’s for they tell me.

Money with sheet of marijuana close-up on background of one hundred dollars with an artificial ray of light, high quality image. Thematic photos of hemp and cannabis

Recreational cannabis is not far away from Texas, in fact there’s a market just above us in Colorado, and quite a bit of products diverted from other markets already here. Whether or not Texas decides to do what is best for the citizens of the state depends upon us. Or not. In all likelihood the Fed will legalize cannabis before Texas ever does, so advocate and vote, or don’t, it ultimately might not make any difference in the end. Just do you, live long and prosper, and maybe at some point you can legally buy a joint at a recreational dispensary in Texas to get over the futility of it all while allowing a moment in time to go up in smoke.

Cheers,

Michael John Westerman, Esq.

www.mjwestermanlaw.com

Central Texas’ Landlord-Tenant Attorney

Profiles in Hemp Farming

Eddie Velez, Oak Cliff Cultivators

Oakcliffcultivators.com

 Texas Hemp Reporter: Where are you located?

Eddie Velez: Our hemp farm is centrally located in Brady, the heart of Texas.

THR: When did you begin farming?

Eddie: I’m not your typical farmer and I had no farming experience until recently.  In my previous life, I spent 15 years responding to disasters across the country,  with over 10 of those years with the Federal Emergency Management Agency (FEMA), Region 6, in Denton, TX. 

In early spring of 2020, my wife and I quit our careers, cashed out our retirement, and dove headfirst into the Texas hemp industry.

THR: Is hemp your primary crop?  And what do you produce (pulp, CBD, textiles)?

Eddie: Hemp is our primary and only crop.  We cultivate award-winning hemp flower.  In December of 2020, we won “Best hemp flower in Texas,” at the Taste of Texas Hemp Cup.  Additionally, we won 6 out of 9 categories at the cup, to include: “highest CBD, best indoor, most pungent, most ripe, and final presentation.”

We produce premium CBD and CBG hemp flower.

The Awards Eddie and Oak Cliff took home in the first Annual Taste of Texas Hemp Awards in Wimberley last December.

THR: Do you offer any specialty products you would like to talk about (organic body care, construction materials)?

Eddie: Cultivating Cannabigerol (CBG) has been a great success for us.  CBG is still new to many people and offers a great alternative to CBD.  Unlike CBD, CBG interacts more directly with your body by binding with your CB1 and CB2 receptors and typically has no THC, which opens the door to many clients wanting to use hemp products without the THC. 

Another specialty we have but not necessarily a product, we like to educate and inform our clients about each of our products’ terpene profile and potential beneficial use.

 THR: Can you describe your growing/processing operation?

Eddie: We are a family and veteran-owned Texas hemp company.  We operate a boutique hemp farm, focusing on cultivating exceptional hemp genetic products for your wellness & culinary needs.  Our farm consists of 6,000 sq ft of greenhouse growing space and a 2,000 sq ft indoor climate controlled dry house.  We did a lot of research and visited hemp farms across the country, and we noticed that drying was essential in producing premium hemp flower.  

THR: What are your hopes or expectations for the future of hemp farming?

Eddie: We involve our children in everything we do with the hemp farm – from planting seeds to the finished product.  We hope to instill the knowledge and experience with them, so they can continue to redefine cannabis in Texas.

THR: How have the challenges you encounter every day helped you become a better farmer?

Last year was our first grow and everything was a challenge, from building the greenhouses to go-to-market strategies, to delivering our products.  We’ve asked a lot of dumb questions over the past year which has helped navigate us through those farming challenges.  Building a network and fostering positive relationships has helped us tremendously.  


Eddie Velez, Oak Cliff Cultivators

Heather Fazio talk to Texas Hemp Reporter

Interview with Heather Fazio of Texans for Responsible Marijuana Policy by Sana v’Ritzvah

Heather served as Texas Political Director of the Marijuana Policy Project from 2014-2018. Now, she utilizes her passion for grassroots activism and coalition building as Director of Texans for Responsible Marijuana Policy, an advocacy-focused coalition.

TEXAS HEMP REPORTER: Heather what occurred in the Texas Legislature in May?

HEATHER:Texas is inching along with marijuana legislation. I wish I could say more, it’s like a tennis game. 37 states have fully regulated medical marijuana, including all Texas border states, with Alabama profiting at 92 million per year. The Compassionate Use Act was passed in 2015, amended and expanded in 2019. HB1535 (Rep. Klick) flushed the house 134-12 and sent to the Governor. The bill calls for the expansion of access for all not just terminally-ill cancer patients, PTSD treatments and patients with chronic pain.Sadly the Senate dropped the ball cutting the provision for chronic pain re-feeding back into the opioid epidemic, “pills for pain” costing thousands of lives, quality of life, tragedies, wasted resources and severe addictions.    One inspiring thing was our veteran lobby standing up for non-veterans strongly behind the PTSD inclusion vocally supporting accident survivors,mothers whose child perished in childbirth, victims of crimes all who can
suffer the syndrome.

Another us the establishment of the Internal Review Board for Medical Marijuana. Now in-state research and science can promulgate the myriad reasons for expanding legality of cannabis.    It’s silly really how we banter between .5% 1% 5% THC content when it really should be doctors trained in the field concerning dosages.    It was leaked that hearings concerning the cannabis bills were hijacked by the Lt. Governor’s Office which was meeting secretly without public access. These are the draconian measures our officials are taking to stall progress.    Other bills still in the twilight are SB181 (Rep. Johnson) which would take Texas off the list that suspends drivers licenses for “drug convictions” hoping to alleviate the already 50,000 arrested annually for marijuana-related charges. HB1694 could save lives ensuring medical issues are not exploited to arrest people for possession. And HB567 (Rep. Frank) to protect TCUP patients (minors) from being extracted from their homes for failing a THC test.


THR: How did you personally get involved in medical marijuana?

Witnessing one hundred years of suppression of uses and benefits of hemp and with the issue emerging so strongly. I was involved with Texans for ResponsibleGovernment and a member of the Libertarian Party. I saw it as unconscionable. I was involved with grassroots organizing, community building coalition making. After joining Texas NORML I was chosen as Advisor for the Marijuana Activist Manual. The next logical step was Texans for Responsible Marijuana Policy.


THR: There now exists a 27 member coalition that coalesces around the issue.


Yes. Our situation is we live in a polarized political environment. We began to seek allies that could bond to institute policies that mattered. As we discussed I come from a libertarian perspective; a bipartisan grouping, democrats and republicans, ACLU.. it really is a privacy rights issue, a due process issue, civil rights. There are millions affected by dis-regulation, it is liberty versus jailing. Tens of thousands of Texans in jail for marijuana and 92% of burglaries go unsolved.
 

THR: What about Delta-8?
HEATHER:There is an attorney for two companies, one that produces and one that sells Delta-8 products. The DSHS has established that THC from hemp, in any traceable form from .0001% to the supposedly legal 3% is all in the same bucket. The attorney called this a quagmire. By lumping all THC we lose the particulars, our law makers prove they know nothing of the science, nothing about the plant they are dealing with. Our advocates strive to shine light on the variables to avoid misunderstanding.


THR: Can you give us a personal testimony?
HEATHER: A nurse from Wichita Falls, she was diagnosed with cancer. After moving to Colorado she tried cannabis for a second time. She wasn’t sure till one day she left her couch without buckling over, entered her kitchen without pain and began cooking again. For those in pain 24-7 this is life-changing.

Photo Jesse Williams for the Texas Hemp Reporter.


TEXAS HEMP REPORTER:What’s does the future hold in Texas for Cannabis?


HEATHER:The Texas Legislature meets on the odd every two years. So we are looking to 2023. We plan to inject into the campaign cycle, ask a lot of questions of our law makers, create discussions with law enforcement.NORML has collected a marijuana-friendly voters guide. And we seek to start conversations with our civic groups, community centers, PTA (lol) why not? 60% of Texans believe small amounts of marijuana should be legal for any purpose.

THR:Are you optimistic?


HEATHER:Very. This is tug of war, we stand on the backs of several generations of activists that have blazed this trail. We represent a professional effort to secure individual rights. Nothing but our best efforts will bring our movement forward.