We have your request of March 11, 1948, which reads as follows: "Due to the present conflict which involves Philipines, Java, Manila and India, where most of our low grade fibres are produced for making Rope, Twine and overlap containers, the problem of developing those fibres in the United States is very acute. "A great many sections of Texas, particularly the Rio Grande Valley, have ideal soil and climatic conditions for producing fibrous plants. Therefore, I should like to have an opinion on the legality of growing Hemp in the State of Texas and, seeard, if Hemp may be legally grown in Texas for its fibre from which rope, twine and burlap containers may be made." "Hemp" is a tall Asiatic herb, (cannabis sativa) the tough fiber of which is used for making cordage and various kinds of coarse fabrics, and the tender parts of which as its flowers and leaves, yield the narcotic hashish, and are employed in pharmacy under the name "cannabis". $\leftarrow$ Webster's New International Dist., 2d Ed.

The Deifora Rarcotie Drug Act (Vernon's Annotated Penal Code, Article 725b) provides that it shall be unlawful for any person to cultivate or grow narcotic drugs without a license to do so from the Department of Public Safety. (Sec. 3) "Narcotic drugs" is defined as meaning "coca leaves, opium, pyote, mescal bean, and cannabis", etc. (Sec. 1, aubs. 14) "Cannabis" is defined as follows by Sec. 1, subs. 13 of the Act:

*2 Honorable J. E. McDonald - page 2

"The term 'cannabis', as used in this Aot shall include all parts of the plant Cannabis sativa L., whether prowinc or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or pre- paration of such plant, its seeds, or resin; but shall not include the nonresinous oil obtained from such seed, nor the mature stalks of such plant, nor any product or manufacture of such stalks, except the resin extracted therefrom and any compound, manufacture, salt, derivative, mixture, or preparation of such resin. The term 'sannabis shall include those varieties of cannabis known as Barihuana, Haseesh and Hasish."

Thus, the growing of cannabis sative, or hemp, is not absolutely prohibited, but is strictly regulated. A per- son desiring to grow hemp for its fiber alone in Texas must obtain a license so to do from the Department of Public Safety, under the terms and conditions prescribed by the Uniform Mar- cotic Drug Act.

Very truly yours

ATTONNEY GENERAL OF TEXAS

By (Signed) R. W. PAIRCHILD Assistant

APPROVED HAR. 23, 1942

(Signed) GIO VER SELLERS First Assistant Attorney General

APPROVED OPINION COMMITTEE By E. W. B. Chairman

PAP-UR: 122