The Texas Department of State Health Services (DSHS) has released the final rules that will govern the manufacture of consumable hemp products in Texas. These rules will go into effect on August 2, 2020.
The biggest thing to note is that the rules explicitly prohibits the manufacture, processing, distribution, or retail sale of consumable hemp products for smoking. 1690 commenters contacted DSHS to opposed this prohibition. The reasons commenters gave for opposition to the prohibition of the retail sale of smokable hemp products contained included:
DSHS disagrees with these commenters. DSHS says they “cannot reasonably approve the retail sale of products of which H.B. 1325 clearly prohibits the manufacture in Texas Health and Safety Code, §443.204(4). DSHS considers the retail ban in proposed §300.104 a logical extension of the manufacturing ban in Texas Health and Safety Code, §443.204(4).”
Other items of note in final rules:
We anticipate that there will be rules regarding the retails licensing available soon.
|25 TAC §300.100||Purpose|
|25 TAC §300.101||Definitions|
|25 TAC §300.102||Applicability of Other Rules and Regulations|
|25 TAC §300.103||Inspections|
|25 TAC §300.104||Manufacture, Processing, Distribution, and Retail Sale of Hemp Products for Smoking|
|25 TAC §300.201||Application for License or Renewal|
|25 TAC §300.202||License Term and Fees|
|25 TAC §300.203||Access to Records|
|25 TAC §300.301||Testing Required|
|25 TAC §300.302||Sample Analysis of Consumable Hemp and Certain Cannabinoid Oils|