Texas 2023 - 88th Regular

Texas Senate Bill SB321

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

Impact

SB321 introduces significant changes to existing agriculture laws related to hemp. It establishes a structured licensing system under which individuals or institutions can legally cultivate hemp, thus differentiating between compliant operations and illegal activities. Additionally, the bill outlines penalties for violations, ranging from administrative fines to criminal prosecution for repeated infractions. By doing so, SB321 aims to mitigate the risks of unregulated hemp production while promoting legitimate agricultural practices within the state.

Summary

Senate Bill 321 (SB321) focuses on the production and regulation of hemp in the state of Texas. The legislation aims to provide a clearer regulatory framework for hemp producers by establishing a licensing system, outlining administrative penalties for violations, and setting out provisions for research by higher education institutions. The bill is intended to streamline the process for hemp cultivation and handling, making it easier for both small and large producers to engage in this emerging agricultural sector.

Sentiment

The sentiment surrounding SB321 appears to be largely positive among industry stakeholders, especially farmers and agricultural organizations. Proponents argue that the bill is essential for fostering growth within the hemp industry, providing the legal clarity needed for producers to thrive. Conversely, there are concerns among some community groups and legislators about the implications of increased regulatory oversight and how it may affect small producers who might struggle to comply with new requirements. The dialogue reflects broader themes of regulatory balance and economic opportunity.

Contention

While SB321 has garnered significant support, notable points of contention include the potential burden of compliance on small producers and the implications of criminalizing unlicensed cultivation. Critics express concern that the bill may unintentionally disadvantage smaller farms that lack the resources to meet licensing and regulatory requirements. Furthermore, the establishment of criminal penalties for license violations raises questions about fairness and proportionality in enforcement, especially for first-time offenders. The debate around these issues underscores the complexities of regulating an evolving agricultural landscape.

Texas Constitutional Statutes Affected

Agriculture Code

  • Chapter 41. Commodity Producers Boards
    • Section: New Section
  • Chapter 121. State Hemp Production Plan
    • Section: New Section
  • Chapter 122. Cultivation Of Hemp
    • Section: New Section
    • Section: 403

Companion Bills

TX HB2818

Identical Relating to the production and regulation of hemp; providing an administrative penalty; requiring a permit to conduct certain research involving hemp; authorizing a fee; creating a criminal offense.

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