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weed seeds texas

Texas Administrative Code
Title 4 – AGRICULTURE
Part 1 – TEXAS DEPARTMENT OF AGRICULTURE
Chapter 9 – SEED QUALITY
Subchapter E – SPECIAL PROVISIONS FOR LABELING
Section 9.9 – Noxious Weed Seed

It shall be unlawful to sell, offer for sale, or expose for sale any agricultural or vegetable seed for planting purposes in Texas containing noxious weed seed in excess of the following limitations per pound.

(1) Prohibited noxious weed seeds are:

(2) Restricted noxious weed seeds and limitations per pound are:

(3) If bermudagrass (Cynodon dactylon) or giant bermudagrass (Cynodon spp.) occurs in excess of 5.0% of the whole by weight, its presence therein must be indicated as an agricultural seed on the labeling of such seed. When either bermudagrass or giant bermudagrass is considered an agricultural seed, the seed of the other kind, if present shall also be classified as an agricultural seed and must meet the requirements for labeling of agricultural seed.

(4) Johnsongrass includes sorghum almum (Sorghum almum) and all seeds indistinguishable from Johnsongrass. If Johnsongrass occurs in excess of 5.0% of the whole by weight, its presence therein must be indicated as an agricultural seed on the label of such seed.

(5) Restricted noxious weed seeds in any combination in excess of 500 per pound are prohibited from sale, provided, however, that the rate per pound of annual bluegrass, bermudagrass, giant bermudagrass, Johnsongrass and morningglory are exempt from the total count.

4 Tex. Admin. Code § 9.9

The provisions of this §9.9 adopted to be effective September 6, 1996, 21 TexReg 8097.

Is it illegal to possess marijuana seeds in Texas?

Welcome to our new firm website. At Berlof & Newton, P.C., we’re excited to start the New Year, and hope you are, too! This site will be an ever-evolving resource that we will strive to make useful. We welcome your suggestions. Feel free to ask questions, or make suggestions, via the contact form on this site, or by visiting us on our facebook page.

This year is starting off with a bang. Recently, we represented a client in the City of Garland Municipal Court who was charged with possession of drug paraphernalia. He was alleged to have possessed marijuana seeds, which the police state they found during a routine traffic stop. However, under Texas law, seeds are not considered drug paraphernalia, because, in order to be drug paraphernalia, the items seized must be used to introduce drugs into your system. Clearly, marijuana seeds do not meet this definition. Furthermore, possession of marijuana seeds is not prohibited under the general marijuana possession statute. In fact, when a person is charged with possession of marijuana in Texas (whether it be the City of Garland Municipal Court, or elsewhere), the law requires that the seeds and stems be removed before the weed is weighed. Hence, he could not prosecuted under that law, either.