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15 Health L. & Pol'y Brief 1 (2020-2021)
The Budding Hemp Industry: The Effect of Texas House Bill 1325 on Employment Drug Policies

handle is hein.journals/heallaw15 and id is 9 raw text is: 

    The Budding Hemp Industry: The Effect of Texas

       House Bill 1325 on Employment Drug Policies

                                     Meina Heydari*

Contemporary  attitudes toward cannabis use in the United States have shifted from War on Drugs-
era prohibition toward decriminalization over the past two decades. As states that do not seek to
decriminalize marijuana nonetheless enact legislation legalizing CBD, policy tensions arise. In
2019, Texas joined the ranks of states that legalized hemp and hemp-derived products with the
passage of House Bill 1325. In light of this legislation, this Article discusses the implications of
legalized cannabidiol (CBD) on  employment  drug policies in Texas. The  benefits of CBD
legalization must be weighed against the practical implications to effectively balance policies that
aim to protect employees and employers with potentially divergent interests. This Article examines
the various sources of employment protection in Texas and advocates for an amendment to H.B
1325 that raises the threshold of delta-9 tetrahydrocannabidiol (THC) content permitted in hemp,
an adoption of administrative rules modeled after those established by the Utah Department of
Agriculture and Food, and an amendment  to the Texas Labor Code. This approach places the
burden  on CBD  sellers to verify that their products are consistent with claimed CBD content,
ensures that the products produce no psychoactive effects, allows room for error in the event of
inconsistent THC content, and protects individuals who are mistakenly deemed as using illegal

* Meina Heydari is a third-year law student at Texas A&M University School of Law. She would like to thank
Professor Aaron Retteen for his thoughtful feedback in advising her, Brian Kent for his invaluable help, and her
parents for their support and encouragement.

                       The Budding  Hemp  Industry: The Effect of Texas House Bill 1325 on
                                                               Employment  Drug  Policies
                                                                          Meina Heydari

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