This bill proposes some pretty significant changes to the regulation of consumable hemp products and hemp-derived cannabinoids in Texas. It introduces new restrictions, registration requirements, criminal offenses, and administrative penalties related to these products. The following is a breakdown of key provisions in the bill:

1. New Restrictions on Hemp-Derived Cannabinoids

• Limits legal consumable hemp products to only cannabidiol (CBD) and cannabigerol (CBG).
• Prohibits any other cannabinoids, including Delta-8 and Delta-9 THC, even in trace amounts.

2. Licensing and Registration Requirements

• Requires businesses selling consumable hemp products to register with the Texas Department of State Health Services (DSHS).
• Establishes a renewal process for licenses and fees for registration.

3. Manufacturing and Testing Standards

• Mandates lab testing of hemp plants and products before they can be sold.
• Hemp products must be tested for cannabinoid identity, concentration, heavy metals, pesticides, microbial contamination, and other harmful substances.
• Restricts the manufacture of hemp products to only CBD and CBG-containing products.
• Prohibits hemp products for smoking.

4. Retail and Consumer Protections

• Requires clear labeling on all consumable hemp products, including:
  
  • Batch number and date
  • Cannabinoid content
  • Manufacturer details
  • Certification that no prohibited cannabinoids are present
• Prohibits misleading packaging or marketing that could suggest the product does not contain cannabinoids.
• Bans marketing that targets minors, including packaging with:
  
  • Cartoon characters
  • Candy or fruit shapes
  • Celebrity images
  • Trademark-mimicking designs

5. Criminal Offenses and Penalties

• Felony (Third Degree) for:
  
  • Manufacturing, delivering, or possessing with intent to deliver a hemp product containing any cannabinoid other than CBD or CBG.
• Class A Misdemeanor for:
  
  • Possessing any hemp product containing unauthorized cannabinoids.
  • Selling hemp products through courier, delivery, or mail services.
• Class B Misdemeanor for:
  
  • Selling hemp products to anyone under 21 years old.
  • Selling hemp products near schools (within 1,000 feet).
  • Manufacturing, distributing, or selling hemp products for smoking.

6. State Oversight and Enforcement

• Grants Texas Department of State Health Services (DSHS) the authority to:
  
  • Investigate violations, revoke licenses, and impose fines (up to $10,000 per violation).
  • Conduct random testing of cannabinoid products sold in Texas.
• Requires DSHS to adopt new regulations by December 1, 2025.
• Allows retailers already selling hemp products to continue until January 1, 2026, before they must comply with new registration rules.

Effective Date:

• This bill would take effect on September 1, 2025.

Overall Impact:

• This bill dramatically restricts the legal hemp market in Texas by banning all cannabinoids except CBD and CBG.
• It criminalizes possession and sale of other hemp-derived cannabinoids, including Delta-8 THC.
• It tightens regulations on hemp manufacturers, retailers, and consumers.
• It introduces strict penalties and law enforcement measures to prevent sales to minors and near schools.
• It imposes new compliance costs on businesses through mandatory licensing, registration, and testing.