SB 5 — Relating to the regulation of certain products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and registrations; imposing fees; creating criminal offenses; authorizing an administrative penalty.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 14 section(s) of the Texas statutes: Section 431.011(a), Health and Safety Code, Section 443.001, Health and Safety Code, Section 443.051, Health and Safety Code, Section 443.1035, Section 443.104(b), Health and Safety Code, Section 443.106.

• Section 431.011(a), Health and Safety Code

  An article regulated under this chapter may not be deemed to be adulterated solely on the basis that the article is a consumable hemp product.

  amended

• Section 443.001, Health and Safety Code

  a product suitable for ingestion, absorption, or inhalation by humans, including a or cannabigerol (8-a) "Minor" means a person under 21 years of age.

  amended

• SUBCHAPTER A-1. NONAPPLICABILITY Sec. 443.021. LOW-THC CANNABIS. This chapter does not apply to low-THC cannabis regulated under Chapter 487. Sec. 443.022. RESEARCH. This chapter does not apply to research on hemp conducted by: (1) a medical school, as defined by Section 61.501, Education Code; (2) a hospital licensed under Chapter 241; or (3) an institution of higher education or private or independent institution of higher education, as defined by Section 61.003, Education Code. Sec. 443.023. FEDERAL DESIGNATION. Other than Subchapters A and B, this chapter does not apply to a consumable hemp product if all of the hemp ingredients of the consumable hemp product are one or more of the following hemp seed-derived ingredients generally recognized as safe (GRAS) by the United States Food and Drug Administration for use in food: (1) hulled hemp seed; (2) hemp seed protein powder; or (3) hemp seed oil. Sec. 443.024. MEDICAL PRESCRIPTION. This chapter does not apply to a prescription drug or device, as defined by Section 551.003, Occupations Code. Sec. 443.025. CULTIVATION OF HEMP. This chapter does not apply to the cultivation of hemp regulated under Chapter 122, Agriculture Code. Sec. 443.026. TRANSPORTATION OF HEMP. This chapter does not apply to the transportation of hemp regulated under Chapter 122, Agriculture Code. Sec. 443.027. NONCONSUMABLE HEMP PRODUCTS. This chapter does not apply to the manufacturing of a nonconsumable hemp product regulated under Chapter 122, Agriculture Code.

  amended

• Section 443.051, Health and Safety Code

  consistent with → at least as stringent as and guidelines

  amended

• Section 443.1035

  Sec. 443.1035. LICENSING FEES. (a) An applicant for a license under this subchapter shall pay an initial licensing fee to the department in the amount of $10,000 for each location where the applicant intends to process hemp or manufacture a consumable hemp product. (b) Before the department may renew a license as provided by Section 443.104, a license holder shall pay a renewal fee to the department in the amount of $10,000 for each location where the applicant intends to process hemp or manufacture a consumable hemp product.

  added

• Section 443.104(b), Health and Safety Code

  (3) → has not violated this chapter or a rule adopted under this chapter; (3) (4)

  amended

• Section 443.106

  Sec. 443.106. RESTRICTION ON MANUFACTURE OF CERTAIN CONSUMABLE HEMP PRODUCTS. A license holder may not manufacture a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol.

  added

• Section 443.151, Health and Safety Code

  : (1) and ; or (2) Subsection various Except as otherwise provided by Subsection (e), before delta-9 tetrahydrocannabinol (b) → , , and and identity the in the plant microbial contamination, Before : (A) located in this state; (B) registered with the United States Drug Enforcement Administration; and (C) identity and any cannabinoids contained in (b)(2) (d-1) The testing required under Subsection (d) must use post-decarboxylation, high-performance gas chromatography, high-performance liquid chromatography, or a similar method, provided that any testing method accounts for the conversion of tetrahydrocannabolic acid into tetrahydrocannabinol to determine the total tetrahydrocannabinol concentration in a tested product. (d-2) A person that tests a consumable hemp product under Subsection (d) shall report the test results to the department in the form and manner required by the department.

  amended

• has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent → contains any amount of a cannabinoid other than cannabidiol or cannabigerol and the department

  amended

• Section 443.2025, Safety Code

  CONSUMABLE HEMP

  amended

• Section 443.2025, Health and Safety Code

  cannabidiol or independent contractor : (1) ; or (2) an independent contractor of a registrant who sells the registrant's products at retail The department by rule may adopt a registration fee schedule that establishes reasonable fee amounts for the registration of: (1) a single location at which consumable hemp products containing cannabidiol are sold; and (2) multiple locations at which consumable hemp products containing cannabidiol are sold under a single registration → a cannabinoid The owner of a location at which consumable hemp products are sold shall annually pay to the department a registration fee in the amount of $20,000 for each location owned by the person at which those products are sold (h) A person may not sell consumable hemp products unless the person has provided to the department written consent from the person or the property owner, if the person is not the property owner, allowing the department, the Department of Public Safety, and any other state or local law enforcement agency to enter onto all premises where consumable hemp products are sold to conduct a physical inspection or to ensure compliance with this chapter and rules adopted under this chapter. (i) An individual who is or has been convicted of a felony relating to a controlled substance under federal law or the law of any state may not, before the 10th anniversary of the date of the conviction: (1) hold a registration with the department under this section; or (2) be a governing person of a business entity registered with the department under this section. (j) The department shall revoke a registration under this section if the registrant is convicted of a felony relating to a controlled substance under federal law or the law of any state.

  amended

• Section 443.2026

  Sec. 443.2026. CONSUMABLE HEMP PRODUCT REGISTRATION. (a) A consumable hemp product may not be offered for sale in this state unless the manufacturer of the product, before offering the product for sale to a person or retailer: (1) submits an application for the consumable hemp product to be registered with the department; and (2) receives approval that the product is compliant with this chapter, registered, and approved for sale in this state. (b) The department shall issue a unique product registration number to each consumable hemp product approved by the department. (c) A manufacturer applying to register a consumable hemp product under this section shall pay an application fee to the department in the amount of $500 for each consumable hemp product. (d) The department shall maintain an updated product registration list on the department's public Internet website, which must include front and back identifying pictures of each registered product. (e) Each consumable hemp product, including the container and package, if applicable, must be labeled with: (1) a QR code that links: (A) to the department's product registration list under Subsection (d); and (B) to the identifying picture of the product provided on registration of the product with the department under Subsection (d) for the purpose of confirming registration of the product and allowing verification of the product by law enforcement; and (2) the following message placed adjacent to the required QR code on the label: "SCAN QR CODE BEFORE PURCHASE". (f) The department may not approve for sale a consumable hemp product that: (1) contains any artificial or synthetic cannabinoids; or (2) contains, is mixed with, or is marketed as containing or being mixed with any alcohol, tobacco, nicotine, kratom, kava, mushrooms, tianeptine, or a derivative of any of those substances. (g) A person commits an offense if the person distributes, delivers, sells, purchases, possesses, or uses a consumable hemp product that is not registered with the department as provided by this section. (h) An offense under this section is a Class B misdemeanor. (i) A person is presumed to know a consumable hemp product is prohibited under this chapter if the product is not listed on the department's Internet website as required by Subsection (d) or does not have a valid QR code under Subsection (e). (j) The executive commissioner shall adopt rules to implement and administer this section.

  added

• Section 443.203, Health and Safety Code

  cannabinoid oil, including cannabidiol oil, oil cannabinoid oil the oil or has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent → consumable hemp product product consumable hemp product the product the product the product contains any amount of a cannabinoid other than cannabidiol or cannabigerol; or (4) the product's packaging or advertising indicates that the product is for medical use

  amended

• Section 443.204, Health and Safety Code

  SALE OF the sale of to the extent allowable by hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants; (2) products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products; (3) (4) or → be at least as stringent as and must (2) , , or retail sale

  amended

• more than trace amounts of section with (1) (2) (3) (4) (5) and (6) the delta-9 tetrahydrocannabinol concentration of the product or each hemp-derived ingredient of the product is not more than 0.3 percent If that unit includes inner and outer packaging, the label may appear on any of that packaging. → : (1) subchapter, including (A) (B) (C) (D) (E) (F) the amount of cannabidiol or cannabigerol in each serving or unit of the product; (G) there is no detectable amount of any cannabinoid other than cannabidiol or cannabigerol in the product; and (H) the cannabinoid concentration on a dry-weight basis of each hemp-derived ingredient in the product; and (2) prepackaged or placed at the time of sale in packaging or a container that is: (A) tamper-evident; (B) child-resistant; and (C) if the product contains multiple servings or consists of multiple products purchased in one transaction, resealable in a manner that allows the child-resistant mechanism to remain intact the outer packaging of

  amended

• Sec. 443.2054. PROHIBITED DISPLAY OF CONSUMABLE HEMP PRODUCTS. The owner of a store in which consumable hemp products are sold, or an employee of the owner, may not display consumable hemp products for sale adjacent to products that are legal for minors to consume. Sec. 443.2055. OFFENSE: MARKETING OR PACKAGING OF CONSUMABLE HEMP PRODUCT IN MANNER ATTRACTIVE TO MINORS. (a) A person commits an offense if the person markets, advertises, sells, or causes to be sold a consumable hemp product containing a hemp-derived cannabinoid that: (1) is in the shape of a human, animal, fruit, or cartoon or in another shape that is attractive to minors; or (2) is in packaging or a container that: (A) is in the shape of a human, animal, fruit, or cartoon or in another shape that is attractive to minors; (B) depicts an image of a human, animal, fruit, or cartoon or another image that is attractive to minors; (C) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors; (D) includes a symbol that is primarily used to market products to minors; (E) includes an image or a name of a celebrity; or (F) includes an image that resembles a food product, including candy or juice. (b) In this section, a cartoon includes a depiction of an object, person, animal, creature, or any similar caricature that: (1) uses comically exaggerated features and attributes; (2) assigns human characteristics to animals, plants, or other objects; or (3) has unnatural or extra-human abilities, such as imperviousness to pain or injury, x-ray vision, tunneling at very high speeds, or transformation. (c) An offense under this section is a Class A misdemeanor. Sec. 443.2056. OFFENSE: MISLEADING CONSUMABLE HEMP PACKAGING. (a) A person commits an offense if the person sells or offers for sale a consumable hemp product that contains or is marketed as containing hemp-derived cannabinoids in a package that depicts any statement, artwork, or design that would likely mislead a person to believe: (1) the package does not contain a hemp-derived cannabinoid; or (2) the product is intended for medical use, including by depicting a green cross. (b) An offense under this section is a Class A misdemeanor.

  amended

• Section 443.206, Health and Safety Code

  (1) state (2) (3) , or in a manner similar to, → if the products: (1) were manufactured or processed (A) state's (B) (C) ; (2) do not contain any amount of a cannabinoid other than cannabidiol or cannabigerol; (3) are tested, packaged, and labeled in the manner provided by this subchapter; (4) are registered under Section 443.2026; and (5) are not prohibited for introduction into interstate commerce under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) and federal regulations and guidelines adopted under that Act

  amended

• Section 443.207, Health and Safety Code

  (a) , provided the consumable hemp products are not prohibited for introduction into interstate commerce under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) and federal regulations and guidelines adopted under that Act (b) To the extent of a conflict between a provision of this chapter and a provision of federal law involving interstate transportation of consumable hemp products, including a United States Food and Drug Administration regulation, federal law controls and conflicting provisions of this chapter do not apply.

  amended

• SUBCHAPTER F. CRIMINAL OFFENSES Sec. 443.251. OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER OF CERTAIN CONSUMABLE HEMP PRODUCTS. (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol. (b) An offense under this section is a felony of the third degree. (c) If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Sec. 443.252. OFFENSE: POSSESSION OF CERTAIN CONSUMABLE HEMP PRODUCTS. (a) A person commits an offense if the person knowingly or intentionally possesses a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol. (b) It is a defense to prosecution under this section that the actor: (1) requested emergency medical assistance in response to the person's own possible overdose or the possible overdose of another person; and (2) if the person requested emergency medical assistance for the possible overdose of another person: (A) remained on the scene until medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel on the scene. (c) An offense under this section is a Class C misdemeanor, except that if it is shown on the trial of the offense that at the time of the offense the actor has been previously convicted of an offense under this section two or more times, the offense is a misdemeanor punishable by: (1) a fine of not less than $250 and not more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and the confinement. (d) The court shall order: (1) a person placed on deferred disposition for or convicted of an offense under this section to: (A) perform community service for: (i) not less than 8 or more than 12 hours if the person has not been previously convicted of an offense under this section; or (ii) not less than 20 or more than 40 hours if the person has been previously convicted of an offense under this section; and (B) successfully complete a substance misuse education program under Section 521.374(a)(1), Transportation Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code; and (2) the Department of Public Safety to suspend the driver's license or permit of a person convicted of an offense under this section or, if the person does not have a driver's license or permit, to deny the issuance of a driver's license or permit for: (A) 30 days, if the person has not been previously convicted of an offense under this section; (B) 60 days, if the person has been previously convicted once of an offense under this section; or (C) 180 days, if the person has been previously convicted twice or more of an offense under this section. (e) A driver's license suspension under Subsection (d)(2) takes effect on the 11th day after the date the person is convicted. (f) A person who has been previously convicted of an offense under this section two or more times is not eligible to receive deferred disposition or deferred adjudication for an offense under this section. (g) Community service ordered under Subsection (d) must be related to education about or prevention of misuse of drugs if a program or service providing that education or prevention is available in the county in which the court is located. If a program or service providing that education or prevention is not available in the county, the court may order community service appropriate for rehabilitative purposes. The education program under Subsection (d)(1)(B) is in addition to community service ordered under this section. (h) For the purpose of determining whether a person has been previously convicted of an offense under this section: (1) an adjudication under Title 3, Family Code, th

  amended

Action History

1. August 04, 2025

   Received from the Senate

2. August 01, 2025

   Reported engrossed

3. August 01, 2025

   Record vote

4. August 01, 2025

   Passed

5. August 01, 2025

   Read 3rd time

6. August 01, 2025

   Laid before the Senate

7. August 01, 2025

   Co-author authorized

8. July 30, 2025

   Record vote

9. July 30, 2025

   Passed to engrossment as amended

10. July 30, 2025

    Vote recorded in Journal

11. July 30, 2025

    Amended

12. July 30, 2025

    Amendment(s) offered

13. July 30, 2025

    Read 2nd time

14. July 30, 2025

    Laid before the Senate

15. July 30, 2025

    Co-author authorized

16. July 24, 2025

    Committee report printed and distributed

17. July 24, 2025

    Reported favorably w/o amendments

18. July 22, 2025

    Vote taken in committee

19. July 22, 2025

    Testimony taken in committee

20. July 22, 2025

    Considered in public hearing

21. July 22, 2025

    Scheduled for public hearing on . . .

22. July 21, 2025

    Record vote

23. July 21, 2025

    Posting rule suspended

24. July 21, 2025

    Referred to State Affairs

25. July 21, 2025

    Read first time

26. July 21, 2025

    Co-author authorized

27. July 21, 2025

    Filed

28. July 21, 2025

    Received by the Secretary of the Senate

Sponsors

• Kevin Sparks · Cosponsor
• Angela Paxton · Cosponsor
• Tan Parker · Cosponsor
• Mayes Middleton · Cosponsor
• Adam Hinojosa · Cosponsor
• Bob Hall · Cosponsor
• Brent Hagenbuch · Cosponsor
• Donna Campbell · Cosponsor
• Paul Bettencourt · Cosponsor
• Charles Perry · Primary
• Brandon Creighton · Cosponsor
• Pete Flores · Cosponsor
• Phil King · Cosponsor

Subjects