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 amends existing laws to clarify that consumable hemp products are not considered adulterated based solely on their hemp content. It creates a new subchapter that exempts certain regulations for low-THC cannabis, educational research, and specific FDA-recognized safe hemp ingredients. Additionally, the legislation mandates occupational licenses and registrations for manufacturers and retailers, with associated fees, and requires testing for cannabinoid concentration and contaminants before sale.

The bill also establishes criminal offenses related to the distribution, sale, or possession of unregistered consumable hemp products, classifying these as Class B misdemeanors, while violations involving marketing to minors are classified as Class A misdemeanors. It prohibits the manufacture of consumable hemp products containing cannabinoids other than cannabidiol or cannabigerol, with such offenses classified as felonies. The legislation includes provisions for penalties, including potential driver's license suspensions and mandates community service for offenders. Furthermore, it repeals several existing provisions of the Health and Safety Code and requires new rules to be adopted by February 1, 2026, ensuring that the changes apply to actions occurring after the effective date of the Act, which is set to take 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)