S.B. No. 5 aims to regulate consumable hemp products and the hemp-derived cannabinoids they contain in Texas by introducing new definitions and establishing that these products must be suitable for human ingestion, absorption, or inhalation. The bill requires manufacturers and retailers to obtain licenses and registrations, with fees set at $10,000 for processing locations and $20,000 for retail locations. It mandates testing for cannabinoid concentration and contaminants before sale, prohibits the inclusion of cannabinoids other than cannabidiol or cannabigerol, and establishes a registration process with a $500 fee for each product. Additionally, products must be labeled with a QR code linking to the department's registration list, ensuring transparency and compliance.

The legislation also imposes strict penalties for violations, classifying offenses related to the distribution, sale, or possession of unregistered consumable hemp products as Class B misdemeanors, while selling to minors is a Class A misdemeanor. It outlines criminal offenses for manufacturing or possessing products with unauthorized cannabinoids, classified as felonies, and provides defenses for individuals seeking emergency medical assistance. The bill emphasizes compliance with federal regulations, mandates child-resistant packaging, and prohibits marketing that appeals to minors. It includes provisions for the Department of Public Safety to suspend or deny driver's licenses for related offenses and requires the executive commissioner of the Health and Human Services Commission to adopt necessary rules by February 1, 2026, with changes taking effect 91 days after the legislative session concludes.

Statutes affected:
Introduced: Health and Safety Code 431.011, Health and Safety Code 443.001, Health and Safety Code 443.051, 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 443.204, Health and Safety Code 443.205, Health and Safety Code 443.206, Health and Safety Code 443.207 (Health and Safety Code 443, Health and Safety Code 431)
Senate Committee Report: Health and Safety Code 431.011, Health and Safety Code 443.001, Health and Safety Code 443.051, 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 443.204, Health and Safety Code 443.205, Health and Safety Code 443.206, Health and Safety Code 443.207 (Health and Safety Code 443, Health and Safety Code 431)
Engrossed: Health and Safety Code 431.011, Health and Safety Code 443.001, Health and Safety Code 443.051, 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 443.204, Health and Safety Code 443.205, Health and Safety Code 443.206, Health and Safety Code 443.207 (Health and Safety Code 443, Health and Safety Code 431)