H.B. No. 28 seeks to establish a comprehensive regulatory framework for consumable hemp products in Texas, amending the definition of "consumable hemp product" to include hemp-derived cannabinoids while excluding certain substances. The bill introduces licensing fees of $5,000 for initial applications and $2,500 for renewals, and mandates adherence to good manufacturing practices, as well as testing for cannabinoid concentration and contaminants prior to sale. It also clarifies that low-THC cannabis is governed under a different chapter, ensuring a clear distinction in regulation.

Additionally, the bill creates new criminal offenses related to the marketing and packaging of consumable hemp products, particularly those targeting minors or misleading consumers. Retailers are required to register with the department and pay an annual fee, while testing results must be accessible to both sellers and consumers. The legislation emphasizes compliance with safety standards, introduces penalties for violations, and allows the Department of State Health Services to enforce regulations. It also includes provisions for a memorandum of understanding with the Texas Alcoholic Beverage Commission to facilitate regulatory functions, with several sections of existing law being repealed to streamline the process. The changes will 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)