H.B. No. 28 seeks to regulate consumable hemp products in Texas by amending the Health and Safety Code to establish a comprehensive framework for registration, licensing, and compliance. The bill defines "consumable hemp product" and introduces a new definition for "minor" as anyone under 21 years of age. It stipulates that these products must not contain synthesized cannabinoids and must adhere to good manufacturing practices. License applicants are required to pay an initial fee of $5,000 and a renewal fee of $2,500 for each processing location, while retailers must register and pay an annual fee of $2,000 for each location selling these products. The bill also creates criminal offenses related to marketing and packaging that may appeal to minors or mislead consumers, establishing penalties that include state jail felonies and Class A misdemeanors.

Additionally, the bill allows for the retail sale of out-of-state consumable hemp products, provided they meet specific manufacturing standards and THC concentration limits, which are capped at 10 milligrams per serving or container. It categorizes various violations related to the manufacture, sale, and possession of consumable hemp products as Class A misdemeanors or felonies, depending on severity. The Department of State Health Services is granted enforcement authority to investigate violations and impose penalties, and a memorandum of understanding with the Texas Alcoholic Beverage Commission is mandated to facilitate regulatory functions. Several existing provisions of the Health and Safety Code are repealed to streamline the regulatory framework, with the changes set to take effect on January 1, 2026.

Statutes affected:
Introduced: Health and Safety Code 443.001, Health and Safety Code 443.104, Health and Safety Code 443.151, Health and Safety Code 443.152, Health and Safety Code 443.2025, Health and Safety Code 443.203, Health and Safety Code 443.205, Health and Safety Code 443.206 (Health and Safety Code 443)