MJBiz - March/April 2024 - 43

THC on a dry-weight basis, which
became ripe for fostering this whole
other side of the market of minor
cannabinoids-both psychoactive
and nonpsychoactive as well as the
hemp-derived delta-9 market.
" People recognize that Texas is
not waiting to enter the game. We're
already in the game. "
REQUIREMENTS
Power credits Texas' initial approach
to hemp-derived cannabinoids
to the 2018 U.S. Farm Bill, which
legalized hemp production
nationwide. The position was
upheld by Texas' 3rd Court of
Appeals in October after the Texas
Department of State Health Services
tried to ban delta-8 THC products,
which are created by synthesizing
CBD, often derived from federally
legal hemp.
But operators in the Texas market
still have some requirements to
follow, Power noted.
A hemp cultivator must have a socalled
lot permit, or license, and can
cultivate only low-THC strains from
a state-approved list.
Testing of plants also is required.
Strains must be tested 30 days
before harvest, and a test taken just
a few days too late can result in total
crop disposal, so timing must be
precise, Power said. Plants must test
below 0.3% total THC, meaning
THC + THCA multiplied by a
conversion factor since THCA
becomes THC when combusted.
Crops that pass testing must be
harvested within 30 days.
REGULATE US, PLEASE
Operators in Texas' hemp-derived
cannabis market generally like the
way it currently functions, but many
say they are open to regulations
that would help the market mature
and set an example for federal
regulators to follow.
" People are paying attention to
Shayda
Torabi
Photo by
Breezy
Ritter
legalization are we fighting for now?
I think what we are preparing for
more is the reality of consolidating
the marketplace. What is that
going to look like? Where are those
cannabinoids going to fit? " Torabi
said.
THE FUTURE IS HERE
Cannabis consumers wondering
what a store offering marijuana
and intoxicating hemp-derived
cannabinoids would look like can
Texas is not
waiting to enter
the game.
We're already
in the game.
-Shayda Torabi,
Restart
Texas. They're paying attention
to how we're handling this. And
we want nothing more than to
regulate-not eliminate, " Torabi
said. " We want to be professional
about it and recognize that we're
making products for consumers.
" As upstanding operators, we
also want there to be expectations
and requirements put in place to
operate: quality assurance, trust,
accountability. I think that's why
this market in Texas is thriving. "
And because Texans already have
access to hemp-derived products,
there is no " race " to legalize, Torabi
said. Therefore, when lawmakers
and activists do work on regulations,
they can do so thoughtfully and
without time pressures.
" I already have access to these
products legally-to manufacture, to
sell, to consume, to possess. So what
find out in Texas.
" They're dispensaries; that's what
every single one of them are here in
Texas. You can already go in these
shops and buy these products, " said
Kim Flores, director of business
development at Power Biopharms.
She added that boutique shops
often have sections for different
types of products: THCA, delta-8,
delta-9, blends and other
cannabinoids.
If Texas changes rules in a
way that upends the THCA and
intoxicating hemp-derived
cannabinoid markets, Power
Biopharms will be ready, Flores said.
" You need to be ready to pivot
because there's so many other
incredible cannabinoids that are in
this plant that we are able to provide
to the consumers, " she said.
Power believes the hemp-derived
cannabinoid market will likely
continue to exist and thrive in the
near term, until federal rules are
revised or Texas legalizes adult-use
marijuana.
Five Texas cities already have
decriminalized marijuana, but they
are being sued by state Attorney
General Ken Paxton. Consequently,
it'll likely be a long time before
Texas legalizes marijuana statewide.
In the meantime, Texas cannabis
consumers have options.
" Hemp will suffice as the pseudorec
market while the medical
market operates, " Power said.
mjbizdaily.com | March-April 2024 43
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MJBiz - March/April 2024

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