Tex.
Agric. Code Section 122.202
Use or Disposal of Harvested Plants
(a)
If the results of a preharvest or postharvest test performed on a sample show a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis, the license holder may sell or use the plants represented by the sample for any purpose allowed by law.(b)
If the results of a preharvest and, if applicable, postharvest test performed on a sample show a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis:(1)
the license holder shall dispose of or destroy all plants represented by the sample:(A)
in the manner prescribed by federal law; or(B)
in a manner approved by the department that does not conflict with federal law; or(2)
if the department determines the plants represented by the sample reached that concentration solely as a result of negligence, the license holder is subject to Section 122.403 (Negligent Violations by License Holder)(c) and may:(A)
trim the plants until the delta-9 tetrahydrocannabinol concentration of the plants is not more than 0.3 percent on a dry weight basis and dispose of the noncompliant parts of the plants in a manner approved by the department;(B)
process the plants into fiber with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and dispose of any remaining parts of the plants in a manner approved by the department; or(C)
take any other corrective action consistent with federal regulations adopted under 7 U.S.C. Chapter 38, Subchapter VII.
Source:
Section 122.202 — Use or Disposal of Harvested Plants, https://statutes.capitol.texas.gov/Docs/AG/htm/AG.122.htm#122.202 (accessed Apr. 20, 2024).
