DSHS gets feedback at public hearing over hemp law

The Texas Department of State Health Services held a public hearing to gather feedback from stake holders on creating Chapter 443 of the health and Safety code.

People from across the state and even out of state arrived Thursday to give testimony and submit written opinions on how the new code should be crafted. Various oral arguments were heard from different individuals to address things as who can obtain a license, the pricing of licensing, labeling of products, testing of products, food regulations concerning products containing hemp, and even drug testing for individuals.

Jax Finkel of Foundation for an Informed Texas pointed out during her testimony,

“Consumer protections are extremely important. While we do not want regulations to be overly burdensome for businesses, as this will raise their costs and therefore the cost of the products to consumers, it is imperative that we create some basic regulations/standards to protect the health of customers and the integrity of the product.”

Blair Hines spoke of how the system in Oklahoma was set up so that the possibility of outside corporations taking over required the business to be majorly owned by Oklahoman residents by at least 75% and that all board members, and management be Oklahoma residents. These types of measures are put into place to ensure that outside corporate operations that have the capital to invade without having to start from scratch do not dominate the market over others that do not have the startup funds for such an operation. This helps keep money within the state when consumers that are residents are buying product and keeps tourist money within the state when product is bought by outsiders.

Several gentlemen from the same company, referred to as Hemp Oil Technologies, spoke about two topics. The first spoke of batch processing where initial batches and secondary batches that are respectively over and under legal limits can be combined to create final products that are well within legal limits to reduce the waste of product and drastically reduce overhead for a company. As well, the second gentlemen spoke of the need for a banking code to be created in Texas as the current plan going through the federal system could fail in the Senate and result in vendors, manufacturers, and producers being left to deal with money orders and cash in a highly digital market. This makes financing insanely difficult and leads to dangerous situations for cash handlers.

Roy Shephard of Texas Pain Management Solutions said,

“This meeting will give people a different insight. We are here to fight for those who cannot be here to fight. We are trying to make a difference. We are going to be the voice to give you a better alternative of a product you can use that is all natural. And if you learn about it, it can better you.”

 

Medical practitioners spoke of how they have patients that are using legal hemp products that are currently on the market, and even the products that claim to contain no THC are causing her clients to test positive on a urine examination drug test. I myself even gave testimony and spoke on this very same subject as to no person should be treated as a criminal with a drug test when they have consumed no illegal product.

My own testimony included drug testing and cottage food laws recently passed by the legislature.

Anyone interested in submitting comments can still do so and comments may be electronically sent to: DSHSHempProgram@dshs.texas.gov or by US Mail to:

Department of State Health Services, MC 1987
8407 Wall Street
Austin, Texas, 78754

Note:  DSHS will be implementing 1325, not altering it. The agency will not be able to create code that goes against the language that was passed as HB 1325. This will not be an opportunity to get DSHS to codify allowing the processing or manufacture of smoke-able hemp. It is where one would be able to advocate allowing the continuing sale of these products.