The bill introduced by VanDeaver seeks to regulate consumable hemp products and the cannabinoids derived from hemp, amending the Health and Safety Code to provide clear definitions and establish a framework for licensing and registration. It defines "consumable hemp product" as one suitable for human ingestion, absorption, or inhalation, and sets forth new requirements, including a $10,000 initial licensing fee for manufacturers and a $20,000 annual registration fee for retailers. The bill mandates that manufacturers submit applications for product registration and prohibits the inclusion of cannabinoids other than cannabidiol or cannabigerol. Additionally, it requires testing for cannabinoid concentration and contaminants, and it allows for the revocation of registrations for individuals with felony convictions related to controlled substances.
The legislation also introduces criminal penalties for violations, classifying the distribution, sale, or use of unregistered consumable hemp products as Class B misdemeanors, while marketing these products in ways appealing to minors is classified as a Class A misdemeanor. It establishes that selling consumable hemp products to individuals under 21 is a Class A misdemeanor, and manufacturing or selling products for smoking is a Class B misdemeanor. The bill includes provisions for potential license revocation, administrative penalties, and community service related to drug misuse education for offenders. It repeals several existing provisions of the Health and Safety Code and requires new rules to be adopted by February 1, 2026, ensuring compliance with the updated regulations. The Act will 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 431, Health and Safety Code 443)