Industrial hemp cultivation is permitted in Texas, regulated by the Texas Department of Agriculture (TDA). The TDA oversees the state’s industrial hemp program, requiring strict adherence to rules designed to ensure compliance with the federal limit of 0.3% total Delta-9 tetrahydrocannabinol (THC) concentration.
Obtaining the Required Texas Licensing
The initial step for any prospective grower is securing authorization from the TDA via an annual online application through the eApply portal. Before applying, applicants must watch a mandatory orientation video to understand the regulatory environment.
The application requires specific information, including contact details and, for business entities, the addresses and titles of all “key participants” with executive managerial control. All applicants and key participants must undergo an annual criminal background check. Individuals with a felony drug conviction within the last ten years are disqualified from receiving a license.
In addition to the main license, a grower must register at least one “facility.” A facility is a location under the applicant’s legal control where hemp will be cultivated or stored, and it cannot be interrupted by public roads or other private property. The application must include the street address and GPS coordinates for each facility. A separate Lot Crop Permit (LCP) is also required for each contiguous planting area containing the same variety of hemp, and this LCP must be obtained before planting begins.
The licensing process involves several fees, including an application fee, a participation fee for each registered facility, and a fee for each Lot Crop Permit. Modifying the GPS locations of a registered facility incurs a modification fee. Planting cannot commence until the TDA officially issues both the Producer License and the Lot Crop Permit, establishing the legal right to grow the crop in the specific, mapped location.
Agronomic Considerations for Texas Climate
Successful hemp cultivation requires careful varietal selection and management practices tailored to the state’s diverse and often extreme climatic conditions. Texas encompasses various microclimates, from the arid West Texas plains to the humid Gulf Coast, which affects plant growth. Varieties must be chosen for characteristics like drought tolerance and heat resistance, especially where high summer temperatures stress the plant.
Many fiber and grain hemp varieties are photoperiod sensitive, meaning flowering is triggered by changes in day length. The Texas latitude can cause imported varieties to flower prematurely, which curtails biomass and grain yield. Research suggests early planting dates, such as late March in Central Texas, maximize biomass production before summer heat causes rapid maturation.
Soil preparation and irrigation strategies must be adapted regionally. In West Texas, industrial hemp is relatively water-efficient compared to crops like cotton, making it a viable option for areas facing water scarcity. However, careful water and soil fertility management is still necessary. High humidity in the eastern parts of the state increases the risk of fungal diseases, requiring proactive disease management protocols.
Pre-Harvest Testing and Regulatory Compliance
The most rigorous regulatory step is proving the crop remains within the legal THC limit before harvest. The Texas Agriculture Code mandates pre-harvest testing to ensure the total Delta-9 THC concentration does not exceed 0.3% on a dry-weight basis. Growers must notify the TDA by submitting an official sample request 15 to 30 days before the anticipated harvest date.
A TDA-licensed Handler Sampler collects a representative sample from each Lot Crop Permit area, which is submitted to a TDA-registered laboratory for analysis. The sampling protocol involves randomly selecting plant material to accurately represent the entire lot. The official sample must be accompanied by a TDA-issued transport manifest to legally move it to the testing laboratory.
A laboratory test result exceeding the acceptable THC level classifies the entire lot as non-compliant, or illegal cannabis. The grower has typically five days to request a retest using the original sample at the same laboratory, but the retest results are final. If the crop is confirmed “hot,” the license holder must destroy the non-compliant material at their own expense, without compensation.
The destruction process must follow regulatory guidelines. The grower must submit a completed disposal report to the TDA within seven days of receiving the final failed test result. The TDA permits approved destruction methods, which may include plowing the material under or disking the crop. This non-compliant status means the crop cannot be handled, processed, or enter commerce for any purpose other than disposal.
Post-Harvest Handling and Transportation Documentation
Once the test results confirm the crop is within the acceptable THC limit, the grower must complete the harvest within 30 days of the official sample collection or request a second test. The grower then applies for a specific transport manifest, which is the legal documentation required to move the harvested hemp material. This manifest allows transfer from the field to a registered storage facility or a processor.
The transport manifest is required whenever the hemp material leaves the licensed facility, including movement for processing or storage, even within Texas. The material must be stored in a TDA-registered facility, whether owned by the grower or a third-party warehouse. This registration ensures the TDA maintains an accurate record of all licensed hemp material.
The post-harvest documentation requirements also extend to record-keeping; license holders must maintain detailed records of all hemp acquired, produced, handled, and disposed of for a minimum of three years. This includes all records related to the transportation of hemp, which must be made available for inspection by the TDA upon request. The requirement for a specific manifest ensures that law enforcement can verify the legality of the material being transported, confirming it is industrial hemp and not illegal cannabis.