(a) Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a Schedule I controlled substance, which must be disposed of in accordance with the federal Controlled Substances Act (CSA) in 21 C.F.R. §13 and DEA regulations in 21 C.F.R. §1317.15.
(b) A final test result exceeding the acceptable hemp THC level shall be conclusive evidence that the lot represented by the sample is non-compliant with state and federal law. The cannabis on that lot may not be further handled, processed, or enter the stream of commerce, other than for disposal purposes in strict compliance with the CSA and DEA regulations.
(c) Disposal of Non-compliant Cannabis Plants.
  (1) Within five (5) days of receiving a notice of disposal from the Department, the license holder shall contact an appropriate DEA-registered reverse distributor or other authorized person or entity to request disposal of the non-compliant cannabis plants in strict compliance with the CSA and DEA regulations.
  (2) The license holder shall pay all costs and fees required for the destruction of non-compliant cannabis plants and shall surrender such plants to the DEA-registered reverse distributor or other authorized person or entity for disposal in accordance with DEA regulations, without compensation from TDA, the State of Texas, or U.S. authorities.
(d) License holders must notify USDA and the Department of intent to dispose of non-compliant cannabis plants and verify disposal by maintaining and submitting records of the disposal.

Source Note: The provisions of this §24.31 adopted to be effective March 11, 2020, 45 TexReg 1655