Industrial hemp acres in Texas were expected to rocket after legalization, but the crop has yet to take off in a state that presents many challenges to it as a profitable commodity, according to a Texas A&M AgriLife Extension Service expert.

Growing hemp in Texas has been a challenge as scientists and the industry seek varieties and management practices suitable for the state’s growing conditions. (Texas A&M AgriLife photo by Kay Ledbetter)

Nickolas Jarosh started smoking marijuana after his shifts as a 911 dispatcher. He’d flip between working days and nights, and the inconsistent schedule made it difficult to fall asleep. Tetrahydrocannabinol, or THC, the psychoactive ingredient in marijuana, helped, he said.

Jarosh, 29, who now lives outside Houston, no longer works a job that forces him to keep inconsistent hours. He also no longer has access to marijuana, which he said had also been helping to ease his anxiety and depression.

Texas’s Compassionate Use Program for medical cannabis is set become (just a little) more compassionate, with changes signed into law by the state’s governor this week.

Texas passed the Compassionate-Use Act in 2015, which enabled the first legal use of low-THC cannabis products in the state.  The program has been very restrictive, only allowing for the use of cannabidiol (CBD) preparations containing no more than 0.5% tetrahydrocannabinol (THC). Originally, the Compassionate-Use Program only applied to patients with intractable epilepsy.

Texas Gov. Greg Abbott signed a bill on Tuesday that expands the state’s medical marijuana program, although cannabis activists say the legislation does not go far enough. The measure, House Bill 1535 (HB 1535), was signed by the Republican governor after lawmakers in the Texas Senate made significant changes to the legislation last month.

Under the bill, patients with post-traumatic stress disorder (PTSD) and all types of cancer will be eligible to use approved medical cannabis products under the Texas Compassionate Use Program. Under current regulations, only intractable epilepsy, Parkinson’s disease, multiple sclerosis, ALS, terminal cancer, autism and many seizure disorders are listed as qualifying medical conditions for participation in the program.

Wichita Falls was slated to become home to the nation's largest hemp processing plant, which may still come to pass, but area farmers are taking a cautious approach to the new crop.

"I guess the short story is people were very interested, but what we've come to learn is that we are so far from where we need to be on being able to do that on a wide scale it's going to be a slow, slow process," said Wichita County Extension Agent David Graf.

Texas legalized growing hemp 2019 following an 80-year federal ban because the plant contains a small amount of the same chemical that gives marijuana its high. Hemp is marketable because it can used in the manufacture of textiles and other products.

Delta-8 THC has been the center of controversy in the United States. While the US government did officially illegalize it, and while many states are following suit independently, Texas is not. In fact, Texas is the first state to officially say ‘no’ to delta-8 THC illegalization.

One by one, US states have been adopting marijuana legalization programs, with the latest two: New York and New Mexico, happening within 24 hours of each other, and bringing the total number of states with legalization policies to 17. The south has been a bit slower to adopt, with states like Maryland, Virginia, and now Texas, leading the way. Within the last month, the Texas senate approved several bills for marijuana decriminalization, as well as to expand the medical cannabis industry, lower the penalty on THC concentrates, and to force the study of psychedelics.

Texas Senate Moves Foward To Pass New Legislation For Cannabis And Psychedelics

The Senate inside the state of Texas has now approved a bill to lower the penalty of possessing marijuana concentrates. Also, a measure in the bill would permit Texas to examine the therapeutic possibilities of psychedelics like psilocybin and MDMA. Yet due to senators revising each piece of both bills, they must first go back to their originating chamber. Which would need to be done prior to sending it off to the governor.

Texas Senate Moves Foward To Pass New Legislation For Cannabis And Psychedelics

The Senate inside the state of Texas has now approved a bill to lower the penalty of possessing marijuana concentrates. Also, a measure in the bill would permit Texas to examine the therapeutic possibilities of psychedelics like psilocybin and MDMA. Yet due to senators revising each piece of both bills, they must first go back to their originating chamber. Which would need to be done prior to sending it off to the governor.

Families across Texas are hoping to get a bill moving forward that would expand the state’s medical marijuana program. 

Former Dallas Cowboy Jay Novacek and his wife, Amy Novacek, have been advocating for the bill on behalf of their son who they say can better manage his seizures thanks to medical marijuana.