SB 6 — 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.

2-22This (1)AAanchapter approveddoes statenot planapply submitted to the Unitedmanufacturing 2-23of Statesa Departmentnonconsumable ofhemp Agricultureproduct regulated under Chapter 121,122, Agriculture 2-24Code. Code;

SECTION A4.AASection 443.051, Health and 2-25Safety (2)AA7Code, U.S.C.is amended to read as follows:

ChapterSec.A443.051.AARULEMAKING 38,AUTHORITY SubchapterOF VII,EXECUTIVE andCOMMISSIONER. federal 2-26 regulations and guidelines adopted under that subchapter.

2-27The SECTIONA5.AASubchapterexecutive C,commissioner Chaptershall 443,adopt Healthrules and Safetyprocedures 2-28necessary Code,to isadminister amendedand byenforce addingthis Sectionchapter. 443.1035 to read as follows:

2-29Rules Sec.A443.1035.AALICENSINGand FEES.procedures adopted under this section must be at least as stringent as [consistent with]:

(a)(1)AAan Anapproved applicantstate forplan asubmitted 2-30 license under this subchapter shall pay an initial licensing fee to 2-31 the departmentUnited inStates theDepartment amount of $10,000Agriculture forunder eachChapter location121, whereAgriculture theCode; 2-32 applicant intends to process hemp or manufacture a consumable hemp 2-33 product.

2-34and (b)AABefore(2)AA7 theU.S.C. department may renew a license as provided by 2-35 Section 443.104, a license holder shall pay a renewal fee to the 2-36 department in the amount of $10,000 for each location where the 2-37 applicant intends to process hemp or manufacture a consumable hemp 2-38 product.

2-39Chapter SECTIONA6.AASection38, 443.104(b),Subchapter HealthVII, and Safetyfederal Code,regulations isand 2-40guidelines amendedadopted tounder readthat assubchapter. follows:

2-41SECTION (b)AATheA5.AASubchapter departmentC, shallChapter renew443, aHealth licenseand ifSafety theCode, licenseis 2-42amended holder:by adding Section 443.1035 to read as follows:

2-43Sec.A443.1035.AALICENSING (1)AAisFEES. not ineligible to hold the license under 2-44 Section 443.102;

2-45(a) (2)AAhasAn notapplicant violatedfor a license under this chaptersubchapter orshall apay rulean adoptedinitial 2-46licensing underfee thisto chapter;the department in the amount of $10,000 for each location where the applicant intends to process hemp or manufacture a consumable hemp product.

2-47(b)AABefore (3)AAsubmitsthe department may renew a license as provided by Section 443.104, a license holder shall pay a renewal fee to the department anyin licensethe renewalamount fee;of $10,000 for each location where the S.B.ANo.A6 applicant intends to process hemp or manufacture a consumable hemp product.

2-48SECTION andA6.AASection 2-49443.104(b), (4)A[(3)]AAdoesHealth notand oweSafety anyCode, outstandingis feesamended to theread 2-50as department.follows:

2-51(b) SECTIONA7.AASubchapterAAThe C,department Chaptershall 443,renew Healtha andlicense Safetyif 2-52the Code,license isholder: amended by adding Section 443.106 to read as follows:

2-53(1)AAis Sec.A443.106.AARESTRICTIONnot ONineligible MANUFACTUREto OFhold CERTAINthe 2-54license CONSUMABLEunder HEMPSection PRODUCTS.443.102;

A(2)AAhas license holder may not manufactureviolated athis 2-55chapter consumableor hemp product that contains any amount of a cannabinoidrule 2-56adopted otherunder thanthis cannabidiolchapter; or cannabigerol.

2-57(3)AAsubmits SECTIONA8.AASectionto 443.151,the Healthdepartment andany Safetylicense Code,renewal isfee; 2-58 amended by amending Subsections (a), (b), and (d) and adding 2-59 Subsections (d-1) and (d-2) to read as follows:

2-60and (a)AAA(4)A[(3)]AAdoes consumablenot hempowe productany mustoutstanding befees testedto asthe provideddepartment. 2-61 by[:

2-62SECTIONA7.AASubchapter [(1)]AASubsectionsC, (b),Chapter [and]443, (c),Health and[;and Safety Code, is amended by adding Section 443.106 to read as follows:

orSec. 2-63 [(2)AASubsection] (d).

2-64A443.106.AARESTRICTION (b)AABeforeON aMANUFACTURE hempOF plantCERTAIN isCONSUMABLE processedHEMP orPRODUCTS. otherwise used in 2-65 the manufacture of a consumable hemp product, a sample representing 2-66 the plant must be tested, as required by the executive 2-67 commissioner, to determine:

2-68A (1)AAthelicense concentrationholder andmay identitynot manufacture a consumable hemp product that contains any amount of thea [various]cannabinoid 2-69other cannabinoidsthan incannabidiol theor plant;cannabigerol.

andSECTIONA8.AASection S.B.ANo.A6443.151, 3-1Health (2)AAtheand presenceSafety orCode, quantityis ofamended heavyby metals,amending 3-2Subsections pesticides,(a), microbial(b), contamination,and (d) and anyadding otherSubsections substance(d-1) 3-3and prescribed(d-2) byto theread department.as follows:

3-4(a)AAA (d)AABefore [Except as otherwise provided by Subsection (e), 3-5 before] a consumable hemp product ismust soldbe attested retailas orprovided otherwiseby[: 3-6 introduced into commerce in this state, a sample representing the 3-7 hemp product must be tested:

3-8[(1)]AASubsections (1)AAby(b), a[and] laboratory(c), thatand[; is:

3-9or (A)[(2)AASubsection] AAlocated(d). in this state;

3-10S.B.ANo.A6 (B)(b)AABefore AAregistereda withhemp plant is processed or otherwise used in the Unitedmanufacture Statesof Druga 3-11consumable Enforcementhemp Administration;product, a sample representing the plant must be tested, as required by the executive commissioner, to determine:

and(1)AAthe 3-12concentration (C)AAaccreditedand by an accreditation body in 3-13 accordance with International Organization for Standardization 3-14 ISO/IEC 17025 or a comparable or successor standard to determine 3-15 the identity and [delta-9 tetrahydrocannabinol] concentration of 3-16the any[various] cannabinoids contained in the product;plant;

and 3-17(2)AAthe (2)AAbypresence anor appropriatequantity laboratoryof toheavy determinemetals, thatpesticides, themicrobial 3-18contamination, productand doesany notother contain a substance describedprescribed by Subsectionthe (b)(2)department. 3-19 [(b)] or (c) in a quantity prohibited for purposes of those 3-20 subsections.

3-21 (d-1)AAThe testing required under Subsection (d) mustAABefore use[Except 3-22as post-decarboxylation,otherwise high-performanceprovided gasby chromatography,Subsection 3-23(e), high-performancebefore] liquid chromatography, or a similarconsumable method,hemp 3-24product providedis thatsold anyat testingretail methodor accountsotherwise forintroduced theinto conversioncommerce ofin 3-25this tetrahydrocannabolicstate, acida intosample tetrahydrocannabinolrepresenting to determine 3-26 the totalhemp tetrahydrocannabinolproduct concentrationmust inbe atested: tested product.

3-27(1)AAby (d-2)AAAa personlaboratory that testsis: a consumable hemp product under 3-28 Subsection (d) shall report the test results to the department in 3-29 the form and manner required by the department.

3-30(A)AAlocated SECTIONA9.AASectionsin 443.152(a)this andstate; (c), Health and Safety 3-31 Code, are amended to read as follows:

3-32(B)AAregistered (a)AAAwith consumablethe hempUnited productStates thatDrug containsEnforcement anyAdministration; amount of a 3-33 cannabinoid other than cannabidiol or cannabigerol [has a delta-9 3-34 tetrahydrocannabinol concentration of more than 0.3 percent] may 3-35 not be sold at retail or otherwise introduced into commerce in this 3-36 state.

3-37and (c)AAA(C)AAaccredited licenseby holderan shallaccreditation makebody availablein toaccordance awith sellerInternational ofOrganization afor 3-38Standardization consumableISO/IEC hemp17025 productor processeda comparable or manufacturedsuccessor bystandard to determine the licenseidentity 3-39and holder[delta-9 thetetrahydrocannabinol] resultsconcentration of testingany requiredcannabinoids bycontained Sectionin 443.151.the product;

Theand 3-40(2)AAby resultsan mayappropriate accompanylaboratory ato shipmentdetermine tothat the sellerproduct does not contain a substance described by Subsection (b)(2) [(b)] or be(c) madein availablea 3-41quantity toprohibited thefor sellerpurposes electronically.of those subsections.

If(d-1)AAThe thetesting resultsrequired areunder notSubsection able(d) tomust beuse 3-42S.B.ANo.A6 madepost-decarboxylation, available,high-performance thegas sellerchromatography, mayhigh-performance haveliquid thechromatography, testingor requireda undersimilar 3-43method, Sectionprovided 443.151that performedany ontesting themethod productaccounts andfor shallthe makeconversion theof resultstetrahydrocannabolic 3-44acid availableinto tetrahydrocannabinol to adetermine consumerthe andtotal thetetrahydrocannabinol department.concentration in a tested product.

3-45(d-2)AAA SECTIONA10.AATheperson headingthat totests Sectiona 443.2025,consumable Healthhemp andproduct 3-46under SafetySubsection Code,(d) isshall amendedreport the test results to readthe asdepartment follows:in the form and manner required by the department.

3-47SECTIONA9.AASections Sec.A443.2025.AAREGISTRATION443.152(a) REQUIREDand FOR(c), RETAILERSHealth OFand 3-48Safety CERTAINCode, CONSUMABLEare HEMPamended PRODUCTS.to read as follows:

3-49(a) SECTIONA11.AASectionAAA 443.2025,consumable Healthhemp andproduct Safetythat Code,contains isany 3-50amount amendedof bya amendingcannabinoid Subsectionsother (b),than (d),cannabidiol andor (f)cannabigerol and[has addinga 3-51delta-9 Subsectionstetrahydrocannabinol (h),concentration (i),of andmore (j)than to0.3 readpercent] asmay follows:not be sold at retail or otherwise introduced into commerce in this state.

3-52(c)AAA (b)AAAlicense personholder mayshall notmake sellavailable consumableto hempa productsseller 3-53of containing a cannabinoidconsumable [cannabidiol]hemp atproduct retailprocessed inor thismanufactured stateby 3-54 unless the personlicense registersholder with the departmentresults eachof locationtesting 3-55required owned, operated, or controlled by theSection person443.151. at which those 3-56 products are sold.

AThe personresults ismay notaccompany required to register a locationshipment 3-57to associatedthe withseller anor employeebe [ormade independentavailable contractor]to describedthe 3-58seller byelectronically. Subsection (d).

3-59If (d)AAAthe personresults isare not requiredable to registerbe withmade available, the departmentseller 3-60may have the testing required under SubsectionSection (b)443.151 ifperformed on the personproduct is[:and shall make the results available to a consumer and the department.

3-61SECTIONA10.AAThe [(1)]AAanheading employeeto ofSection a443.2025, registrant[;Health and Safety Code, is amended to read as follows:

orSec. 3-62 [(2)AAan independent contractor of a registrant who 3-63 sells the registrant’s products at retail].

3-64A443.2025.AAREGISTRATION (f)AATheREQUIRED ownerFOR ofRETAILERS aOF locationCERTAIN atCONSUMABLE whichHEMP consumablePRODUCTS. hemp 3-65 products are sold shall annually pay to the department a 3-66 registration fee in the amount of $20,000 for each location owned by 3-67 the person at which those products are sold [The department by rule 3-68 may adopt a registration fee schedule that establishes reasonable 3-69 fee amounts for the registration of:

S.B.ANo.A6 4-1SECTIONA11.AASection [(1)AAa443.2025, singleHealth locationand atSafety whichCode, consumableis hempamended 4-2by productsamending containingSubsections cannabidiol(b), are(d), sold;and (f) and adding Subsections (h), (i), and (j) to read as follows:

and(b) 4-3AAA [(2)AAmultipleperson locationsmay atnot whichsell consumable hemp 4-4 products containing cannabidiola arecannabinoid sold[cannabidiol] underat aretail singlein 4-5this registration].state unless the person registers with the department each location owned, operated, or controlled by the person at which those products are sold.

4-6A (h)AAA person may not sell consumable hemp products unless 4-7 the person has provided to the department written consent from the 4-8 person or the property owner, if the person is not therequired property 4-9 owner, allowing the department, the Department of Public Safety, 4-10 and any other state or local law enforcement agency to enterregister onto 4-11 all premises where consumable hemp products are sold to conduct a 4-12location physicalassociated inspection or to ensure compliance with thisan chapteremployee and[or 4-13independent rulescontractor] adopteddescribed underby thisSubsection chapter.(d).

4-14(d) (i)AAAnAAA individualperson who is ornot hasrequired been convicted of a felony 4-15 relating to aregister controlledwith substance under federal law or the lawdepartment ofunder 4-16Subsection any(b) stateif may not, before the 10thperson anniversaryis[: of the date of the 4-17 conviction:

4-18[(1)]AAan (1)AAholdemployee of a registrationregistrant[; with the department under this 4-19 section;

or 4-20[(2)AAan (2)AAbeindependent acontractor governing person of a businessregistrant entitywho 4-21sells registered with the departmentregistrant unders thisproducts section.at retail].

4-22(f) (j)AATheAAThe departmentowner of a location at which consumable hemp products are sold shall revokeannually pay to the department a registration underfee thisin 4-23the sectionamount ifof $20,000 for each location owned by the registrantperson isat convictedwhich ofthose aproducts felonyare relatingsold to[The department by rule may adopt a 4-24registration controlledfee substanceschedule underthat federalestablishes lawreasonable orfee theamounts lawfor ofthe anyregistration state.of:

4-25[(1)AAa SECTIONA12.AASubchaptersingle E,location Chapterat 443,which Healthconsumable andhemp Safetyproducts 4-26containing Code,cannabidiol isare amendedsold; by adding Section 443.2026 to read as follows:

4-27and Sec.A443.2026.AACONSUMABLE[(2)AAmultiple HEMPlocations PRODUCTat REGISTRATION.which consumable hemp products containing cannabidiol are sold under a single registration].

(a)(h)AAA 4-28person Amay not sell consumable hemp productproducts mayunless notS.B.ANo.A6 bethe offeredperson forhas saleprovided into thisthe statedepartment 4-29written unlessconsent from the manufacturerperson ofor the product,property beforeowner, offeringif the productperson 4-30is fornot salethe 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 personphysical inspection or retailer:to ensure compliance with this chapter and rules adopted under this chapter.

4-31(i)AAAn (1)AAsubmitsindividual anwho applicationis foror thehas consumablebeen hempconvicted 4-32of producta felony relating to bea registeredcontrolled withsubstance under federal law or the department;law of any state may not, before the 10th anniversary of the date of the conviction:

and(1)AAhold 4-33a (2)AAreceivesregistration approvalwith that the productdepartment isunder compliant 4-34 with this chapter,section; registered, and approved for sale in this state.

4-35or (b)AAThe(2)AAbe department shall issue a uniquegoverning productperson 4-36of registrationa numberbusiness toentity eachregistered consumablewith hempthe productdepartment approvedunder bythis thesection. 4-37 department.

4-38(j) (c)AAAAAThe manufacturerdepartment applyingshall torevoke register a consumableregistration hemp 4-39 product under this section shallif paythe anregistrant applicationis feeconvicted toof thea 4-40felony departmentrelating into thea amountcontrolled ofsubstance $500under forfederal eachlaw consumableor hempthe product.law of any state.

4-41SECTIONA12.AASubchapter (d)AATheE, departmentChapter shall443, maintainHealth anand updatedSafety productCode, 4-42is registrationamended listby onadding theSection department’s443.2026 publicto Internetread website,as 4-43follows: which must include front and back identifying pictures of each 4-44 registered product.

4-45Sec. (e)AAEach consumable hemp product, including the container 4-46 and package, if applicable, must be labeled with:

4-47A443.2026.AACONSUMABLE (1)AAaHEMP QRPRODUCT codeREGISTRATION. that links:

4-48(a) (A)A AAtoconsumable hemp product may not be offered for sale in this state unless the department’smanufacturer of the product, before offering the product registrationfor 4-49sale listto undera Subsectionperson (d);or retailer:

and(1)AAsubmits 4-50an (B)AAtoapplication the identifying picture of the product 4-51 provided on registration of the product with the department under 4-52 Subsection (d) for the purposeconsumable ofhemp confirming registration of the 4-53 product andto allowingbe verificationregistered ofwith the productdepartment; by law 4-54 enforcement;

and 4-55(2)AAreceives (2)AAtheapproval followingthat messagethe placedproduct adjacentis tocompliant theS.B.ANo.A6 4-56with requiredthis QRchapter, coderegistered, onand theapproved label:for sale in this state.

(b) AAThe department shall issue a unique product registration number to each consumable hemp product approved by the department.

(c)AAA 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)AAThe 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)AAEach consumable hemp product, including the container and package, if applicable, must be labeled with:

(1)AAa QR code that links:

(A)AAto the department’s product registration list under Subsection (d);

and (B)AAto 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)AAthe following message placed adjacent to the required QR code on the label:

4-57(f) (f)AATheAAThe department may not approve for sale a consumable 4-58 hemp product that:

4-59 (1)AAcontains any artificial or synthetic 4-60 cannabinoids;

or 4-61S.B.ANo.A6 (2)AAcontains, is mixed with, or is marketed as 4-62 containing or being mixed with any alcohol, tobacco, nicotine, 4-63 kratom, kava, mushrooms, tianeptine, or a derivative of any of 4-64 those substances.

4-65 (g)AAA person commits an offense if the person distributes, 4-66 delivers, sells, purchases, possesses, or uses a consumable hemp 4-67 product that is not registered with the department as provided by 4-68 this section.

4-69 (h)AAAn offense under this section is a Class B misdemeanor.

S.B.ANo.A6(i) 5-1AAA (i)AAA person is presumed to know a consumable hemp product 5-2 is prohibited under this chapter if the product is not listed on the 5-3 department ’ss Internet website as required by Subsection (d) or does 5-4 not have a valid QR code under Subsection (e).

5-5 (j)AAThe executive commissioner shall adopt rules to 5-6 implement and administer this section.

5-7SECTION SECTIONA13.AASectionA13.AASection 443.203, Health and Safety Code, is 5-8 amended to read as follows:

5-9Sec. Sec.A443.203.AADECEPTIVE TRADE PRACTICE.

(a)A443.203.AADECEPTIVE ATRADE personPRACTICE. who 5-10 sells, offers for sale, or distributes a consumable hemp product 5-11 [cannabinoid oil, including cannabidiol oil,] that the person 5-12 claims is processed or manufactured in compliance with this chapter 5-13 commits a false, misleading, or deceptive act or practice 5-14 actionable under Subchapter E, Chapter 17, Business & Commerce 5-15 Code, if the product [oil] is not processed or manufactured in 5-16 accordance with this chapter.

5-17(a) (b)AAAA person who sells, offers for sale, or distributes a 5-18 consumable hemp product [cannabinoid oil]oil, including cannabidiol oil,] that the person claims is processed or manufactured in compliance with this chapter commits a false, 5-19 misleading, or deceptive act or practice actionable under 5-20 Subchapter E, Chapter 17, Business & Commerce Code, if [thethe oil]:product [oil] is not processed or manufactured in accordance with this chapter.

5-21(b)AAA (1)AAtheperson productAcontainswho harmfulsells, ingredients;offers for sale, or distributes a consumable hemp product [cannabinoid oil] commits a false, S.B.ANo.A6 misleading, or deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, if [the oil]:

5-22(1)AAthe (2)AAtheproductAcontains productAisharmful notingredients; produced in compliance with 7 5-23 U.S.C.

(2)AAthe productAis not produced in compliance with 7 U.S.C.

[or] 5-24 (3)AAthe product contains any amount of a cannabinoid 5-25 other than cannabidiol or cannabigerol;

or 5-26 (4)AAthe product’ s packaging or advertising indicates 5-27 that the product is for medical useA[has a delta-9 5-28 tetrahydrocannabinol concentration of more than 0.3 percent].

5-29SECTION SECTIONA14.AASectionA14.AASection 443.204, Health and Safety Code, is 5-30 amended to read as follows:

5-31 Sec.A443.204.AARULES RELATED TO [SALE OF] CONSUMABLE HEMP 5-32PRODUCTS.AARules PRODUCTS.adopted by the executive commissioner regulating [the sale of] consumable hemp products must be at least as stringent as [to the extent allowable by] federal law and must reflect the following principles:

AARules(1)AA[hemp-derived adoptedcannabinoids, byincluding thecannabidiol, executiveare commissionernot regulatingconsidered 5-33controlled [thesubstances saleor of]adulterants; consumable hemp products must be at least as stringent 5-34 as [to the extent allowable by] federal law and must reflect the 5-35 following principles:

5-36[(2)AAproducts (1)AA[hemp-derivedcontaining one or more hemp-derived cannabinoids, includingsuch 5-37as cannabidiol, areintended notfor ingestion are considered foods, not controlled substances or 5-38adulterated adulterants;products;

5-39[(3)]AAconsumable [(2)AAproductshemp containingproducts onemust orbe morepackaged hemp-derivedand 5-40labeled cannabinoids,in suchthe asmanner cannabidiol,provided intendedby forSection ingestion443.205; are 5-41 considered foods, not controlled substances or adulterated 5-42 products;

5-43and [(3)]AAconsumable(2)A[(4)]AAthe hempprocessing, products[or] mustmanufacturing, beor packagedS.B.ANo.A6 andretail 5-44sale labeledof ina theconsumable mannerhemp providedproduct byfor Sectionsmoking 443.205;is prohibited.

andSECTION 5-45A15.AASections (2)A[(4)]AAthe443.205(a) processing,and [or](c), manufacturing,Health orand 5-46Safety retailCode, saleare ofamended ato consumableread hempas productfollows: for smoking is prohibited.

5-47(a) SECTIONA15.AASectionsAABefore 443.205(a)a andconsumable (c),hemp Healthproduct andthat Safetycontains 5-48or Code,is aremarketed amendedas tocontaining read[more asthan follows:trace amounts of] cannabinoids may be distributed or sold, the product must be:

5-49(1)AAlabeled (a)AABeforein athe consumablemanner hempprovided productby thatthis containssubchapter, orincluding is[section 5-50with] marketed as containing [more than trace amounts of] cannabinoids 5-51 may be distributed or sold, the productfollowing mustinformation: be:

5-52(A)A[(1)]AAbatch (1)AAlabeledidentification innumber; the manner provided by this subchapter, 5-53 including [section with] the following information:

5-54(B)A[(2)]AAbatch (A)date; A[(1)]AAbatch identification number;

5-55(C)A[(3)]AAproduct (B)A[(2)]AAbatchname; date;

5-56(D)A[(4)]AAa (C)A[(3)]AAproductuniform name;resource locator (URL) that provides or links to a certificate of analysis for the product or each hemp-derived ingredient of the product;

5-57(E)A[(5)]AAthe (D)name A[(4)]AAa uniform resource locator (URL) that 5-58 provides or links to a certificate of analysis for the productproduct’ ors 5-59manufacturer; each hemp-derived ingredient of the product;

5-60(F)AAthe (E)A[(5)]AAtheamount name of thecannabidiol product’or scannabigerol 5-61in manufacturer;each serving or unit of the product;

5-62[and] (F)(G)A[(6)]AAa AAthecertification amountthat ofthere cannabidiolis orno cannabigeroldetectable inamount 5-63of eachany servingcannabinoid other than cannabidiol or unitcannabigerol ofin the product;

[and]and 5-64(H)AAthe (G)cannabinoid A[(6)]AAaconcentration certificationon thata theredry-weight isbasis no 5-65 detectable amount of anyeach cannabinoidhemp-derived otheringredient than cannabidiol or 5-66 cannabigerol in the product;

and 5-67(2)AAprepackaged (H)AAtheor cannabinoidplaced concentrationat onthe atime 5-68of dry-weightsale basisin ofpackaging eachor hemp-deriveda ingredientcontainer inthat theis: product;

5-69(A)AAtamper-evident; and S.B.ANo.A6 6-1 (2)AAprepackaged or placed at the time of sale in 6-2 packaging or a container that is:

6-3S.B.ANo.A6 (A)(B)AAchild-resistant; AAtamper-evident;

6-4and (B)(C)AAif AAchild-resistant;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 delta-9 tetrahydrocannabinol concentration of the product or each hemp-derived ingredient of the product is not more than 0.3 percent].

and(c) 6-5AAThe (C)AAiflabel therequired productby containsSubsection multiple(a) servingsmust orappear 6-6on consists of multiple products purchased in one transaction, 6-7 resealable in a manner that allows the child-resistantouter mechanismpackaging to 6-8 remain intact [the delta-9 tetrahydrocannabinol concentration of 6-9 the product or each hemp-derivedunit ingredient of the product isintended notfor 6-10individual moreretail thansale. 0.3 percent].

6-11[If (c)AAThethat labelunit requiredincludes byinner Subsectionand (a)outer mustpackaging, the label may appear on theany 6-12of outerthat packagingpackaging.] ofSECTIONA16.AASubchapter eachE, unitChapter of443, theHealth productand intendedSafety forCode, individualis 6-13amended retailby sale.adding Sections 443.2054, 443.2055, and 443.2056 to read as follows:

[IfSec.A443.2054.AAPROHIBITED thatDISPLAY unitOF includesCONSUMABLE innerHEMP andPRODUCTS. outer packaging, the 6-14 label may appear on any of that packaging.] 6-15 SECTIONA16.AASubchapter E, Chapter 443, Health and Safety 6-16 Code, is amended by adding Sections 443.2054, 443.2055, and 6-17 443.2056 to read as follows:

6-18The Sec.A443.2054.AAPROHIBITEDowner DISPLAYof OFa CONSUMABLEstore HEMPin 6-19which PRODUCTS.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.

TheSec.A443.2055.AAOFFENSE: owner of a store in which consumable hemp products 6-20 are sold, or an employee of the owner, may not display consumable 6-21 hemp products for sale adjacent to products that are legal for 6-22 minors to consume.

6-23MARKETING Sec.A443.2055.AAOFFENSE:OR PACKAGING OF CONSUMABLE HEMP PRODUCT IN MANNER ATTRACTIVE TO MINORS.

MARKETING(a) ORA PACKAGINGperson OFcommits 6-24an CONSUMABLEoffense HEMPif PRODUCTthe INperson MANNERmarkets, ATTRACTIVEadvertises, TOsells, MINORS.or causes to be sold a consumable hemp product containing a hemp-derived cannabinoid that:

(a)(1)AAis Ain 6-25the personshape commitsof ana offensehuman, ifanimal, thefruit, personor markets,cartoon advertises, sells, 6-26 or causesin toanother beshape soldthat ais consumableattractive hempto productminors; containing a 6-27 hemp-derived cannabinoid that:

6-28or (1)AAis(2)AAis in thepackaging shapeor of a human,container animal,that: fruit, or 6-29 cartoon or in another shape that is attractive to minors;

S.B.ANo.A6 (A)AAis in the shape of a human, animal, fruit, or 6-30cartoon (2)AAisor in packaginganother orshape athat containeris that:attractive to minors;

6-31(B)AAdepicts (A)AAisan inimage the shape of a human, animal, fruit, or 6-32 cartoon or in another shapeimage that is attractive to minors;

6-33(C)AAimitates (B)or AAdepictsmimics antrademarks imageor oftrade adress human,of animal,products fruit,that 6-34are or cartoonhave orbeen anotherprimarily imagemarketed that is attractive to minors;

6-35(D)AAincludes (C)a AAimitatessymbol or mimics trademarks or trade dress 6-36 of products that areis orprimarily haveused beento primarilymarket marketedproducts to minors;

6-37(E)AAincludes (D)an AAincludesimage or a symbolname thatof isa primarilycelebrity; used to 6-38 market products to minors;

6-39or (E)AAincludes(F)AAincludes an image orthat resembles a namefood ofproduct, aincluding celebrity;candy or juice.

or(b)AAIn 6-40this (F)AAincludessection, ana imagecartoon thatincludes resembles a fooddepiction 6-41of product,an includingobject, candyperson, animal, creature, or juice.any similar caricature that:

6-42(1)AAuses (b)AAIncomically thisexaggerated section,features aand cartoonattributes; includes a depiction of an 6-43 object, person, animal, creature, or any similar caricature that:

6-44(2)AAassigns (1)AAuseshuman comicallycharacteristics exaggeratedto featuresanimals, andplants, 6-45or attributes;other objects;

6-46or (2)AAassigns(3)AAhas humanunnatural characteristicsor toextra-human animals,abilities, plants,such 6-47as imperviousness to pain or otherinjury, objects;x-ray vision, tunneling at very high speeds, or transformation.

or(c)AAAn 6-48offense (3)AAhasunder unnaturalthis orsection extra-humanis abilities,a suchClass asA 6-49misdemeanor. imperviousness to pain or injury, x-ray vision, tunneling at very 6-50 high speeds, or transformation.

6-51Sec. (c)AAAn offense under this section is a Class A misdemeanor.

6-52A443.2056.AAOFFENSE: Sec.A443.2056.AAOFFENSE:

MISLEADING CONSUMABLE HEMP 6-53 PACKAGING.

(a) A person commits an offense if the person sells or 6-54 offers for sale a consumable hemp product that contains or is 6-55 marketed as containing hemp-derived cannabinoids in a package that 6-56 depicts any statement, artwork, or design that would likely mislead 6-57 a person to believe:

6-58S.B.ANo.A6 (1)AAthe package does not contain a hemp-derived 6-59 cannabinoid;

or 6-60 (2)AAthe product is intended for medical use, including 6-61 by depicting a green cross.

6-62(b) (b)AAAnAAAn offense under this section is a Class A misdemeanor.

6-63SECTION SECTIONA17.AASectionA17.AASection 443.206, Health and Safety Code, is 6-64 amended to read as follows:

6-65 Sec.A443.206.AARETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP 6-66 PRODUCTS.

Retail sales of consumable hemp products processed or 6-67 manufactured outside of this state may be made in this state when 6-68 the products were processed or manufactured in another state or 6-69 jurisdiction if the products:

S.B.ANo.A6 7-1 (1)AAwere manufactured or processed in compliance with:

7-2(A)A[(1)]AAthat (A)state’ A[(1)]AAthats state’s [state] or jurisdiction ’s 7-3 plan approved by the United States Department of Agriculture under 7-4 7 U.S.C.

7-5 (B)A[(2)]AAa plan established under 7 U.S.C.

7-6 Section 1639q if that plan applies to the state or jurisdiction;

or 7-7(C)A[(3)]AAthe (C) A[(3)]AAthe laws of that state or jurisdiction 7-8 if the products are tested in accordance with[, or in a manner 7-9 similar to,] Section 443.151;

7-10 (2)AAdo not contain any amount of a cannabinoid other 7-11 than cannabidiol or cannabigerol;

7-12 (3)AAare tested, packaged, and labeled in the manner 7-13 provided by this subchapter;

7-14 (4)AAare registered under Section 443.2026;

and 7-15 (5)AAare not prohibited for introduction into 7-16S.B.ANo.A6 interstate commerce under the Federal Food, Drug, and Cosmetic Act 7-17 (21 U.S.C.

Section 301 et seq.) and federal regulations and 7-18 guidelines adopted under that Act.

7-19SECTION SECTIONA18.AASectionA18.AASection 443.207, Health and Safety Code, is 7-20 amended to read as follows:

7-21 Sec.A443.207.AATRANSPORTATION AND EXPORTATION OF CONSUMABLE 7-22 HEMP PRODUCTS OUT OF STATE.

(a) Consumable hemp products may be 7-23 legally transported across state lines and exported to foreign 7-24 jurisdictions in a manner that is consistent with federal law and 7-25 the laws of respective foreign jurisdictions, provided the 7-26 consumable hemp products are not prohibited for introduction into 7-27 interstate commerce under the Federal Food, Drug, and Cosmetic Act 7-28 (21 U.S.C.

Section 301 et seq.) and federal regulations and 7-29 guidelines adopted under that Act.

7-30 (b)AATo the extent of a conflict between a provision of this 7-31 chapter and a provision of federal law involving interstate 7-32 transportation of consumable hemp products, including a United 7-33 States Food and Drug Administration regulation, federal law 7-34 controls and conflicting provisions of this chapter do not apply.

7-35 SECTIONA19.AAChapter 443, Health and Safety Code, is amended 7-36 by adding Subchapters F and G to read as follows:

7-37 SUBCHAPTER F.

CRIMINAL OFFENSES 7-38Sec. Sec.A443.251.AAOFFENSE:

MANUFACTURE,A443.251.AAOFFENSE: DELIVERY, OR 7-39 POSSESSION WITH INTENT TO DELIVER OF CERTAIN CONSUMABLE HEMP 7-40 PRODUCTS.

(a)MANUFACTURE, ADELIVERY, personOR commitsPOSSESSION anWITH offenseINTENT ifTO theDELIVER personOF knowinglyCERTAIN 7-41CONSUMABLE manufactures,HEMP delivers,PRODUCTS. or possesses with intent to deliver a 7-42 consumable hemp product that contains any amount of a cannabinoid 7-43 other than cannabidiol or cannabigerol.

7-44(a) (b)AAAnA person commits an offense underif thisthe sectionperson isknowingly manufactures, delivers, or possesses with intent to deliver a felonyconsumable hemp product that contains any amount of thea thirdcannabinoid 7-45S.B.ANo.A6 degree.other than cannabidiol or cannabigerol.

7-46(b) (c)AAIfAAAn conduct constituting an offense under this section 7-47is alsoa constitutesfelony anof offense under another law, the actorthird maydegree. be 7-48 prosecuted under this section, the other law, or both.

7-49(c) Sec.A443.252.AAOFFENSE:AAIf 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.

POSSESSIONSec.A443.252.AAOFFENSE: OF CERTAIN CONSUMABLE 7-50 HEMP PRODUCTS.

(a)AAAPOSSESSION personOF commitsCERTAIN anCONSUMABLE offenseHEMP ifPRODUCTS. the person 7-51 knowingly or intentionally possesses a consumable hemp product that 7-52 contains any amount of a cannabinoid other than cannabidiol or 7-53 cannabigerol.

7-54(a)AAA (b)AAItperson iscommits aan defenseoffense toif prosecutionthe underperson thisknowingly sectionor intentionally possesses a consumable hemp product that 7-55contains theany actor:amount of a cannabinoid other than cannabidiol or cannabigerol.

7-56(b)AAIt (1)AArequestedis emergencya medicaldefense assistance in 7-57 response to theprosecution personunder ’sthis ownsection possiblethat overdose or the possibleactor: 7-58 overdose of another person;

and(1)AArequested 7-59emergency (2)AAifmedical assistance in response to the person requested’s emergencyown medicalpossible 7-60overdose assistanceor for the possible overdose of another person:person;

7-61and (A)(2)AAif AAremained on the sceneperson untilrequested emergency medical 7-62 assistance arrived;for the possible overdose of another person:

and(A)AAremained 7-63on (B)the AAcooperatedscene withuntil medical assistance andarrived; law 7-64 enforcement personnel on the scene.

7-65and (c)AAAn(B)AAcooperated offensewith undermedical thisassistance sectionand islaw aenforcement Classpersonnel C misdemeanor, 7-66 except that if it is shown on the trialscene. of the offense that at the 7-67 time of the offense the actor has been previously convicted of an 7-68 offense under this section two or more times, the offense is a 7-69 misdemeanor punishable by:

S.B.ANo.A6(c) 8-1AAAn (1)AAaoffense fineunder this section is a Class C misdemeanor, except that if it is shown on the trial of notthe lessoffense thanthat $250at andthe nottime of the offense the actor has been previously convicted of an offense under this section two or more thantimes, 8-2the $2,000;offense is a misdemeanor punishable by:

8-3S.B.ANo.A6 (2)AAconfinement(1)AAa infine jailof fornot aless termthan not$250 toand exceednot 180more 8-4than days;$2,000;

or(2)AAconfinement 8-5in (3)AAbothjail thefor finea andterm thenot confinement.to exceed 180 days;

8-6or (d)AAThe(3)AAboth courtthe shallfine order:and the confinement.

8-7(d) (1)AAaAAThe personcourt placedshall onorder: deferred disposition for or 8-8 convicted of an offense under this section to:

8-9(1)AAa (A)person AAperformplaced communityon servicedeferred for:disposition for or convicted of an offense under this section to:

8-10(A)AAperform (i)AAnotcommunity lessservice thanfor: 8 or more than 12 hours if 8-11 the person has not been previously convicted of an offense under 8-12 this section;

or(i)AAnot 8-13 (ii)AAnot less than 208 or more than 4012 hours 8-14 if the person has not been previously convicted of an offense under this 8-15 section;

andor 8-16(ii)AAnot (B)AAsuccessfullyless completethan a20 substanceor misusemore 8-17than education40 programhours underif Sectionthe 521.374(a)(1),person Transportationhas 8-18been Code,previously thatconvicted is regulated by the Texas Department of Licensingan andoffense 8-19 Regulation under Chapterthis 171,section; Government Code;

and 8-20(B)AAsuccessfully (2)AAthecomplete Department of Public Safety to suspend the 8-21 driver’s license or permit of a personsubstance convictedmisuse ofeducation anprogram offense under 8-22Section this521.374(a)(1), sectionTransportation or,Code, ifthat theis personregulated doesby notthe haveTexas aDepartment driver’of sLicensing licenseand orRegulation 8-23under permit,Chapter to171, denyGovernment theCode; issuance of a driver’s license or permit for:

8-24and (A)AA30(2)AAthe days,Department ifof Public Safety to suspend the persondriver hass notlicense beenor 8-25permit previouslyof a person convicted of an offense under this section;section or, if the person does not have a driver s license or permit, to deny the issuance of a drivers license or permit for:

8-26(A)AA30 (B)AA60 days, if the person has not been previously 8-27 convicted once of an offense under this section;

or(B)AA60 8-28 (C) AA180 days, if the person has been previously 8-29 convicted twiceonce or more of an offense under this section.section;

8-30or (e)AAAS.B.ANo.A6 driver’s(C)AA180 licensedays, suspensionif underthe Subsectionperson (d)(2)has 8-31been takespreviously effectconvicted ontwice theor 11thmore dayof afteran theoffense dateunder thethis personsection. is convicted.

8-32(e) (f)AAAAAA persondriver’s wholicense hassuspension beenunder previouslySubsection convicted(d)(2) oftakes aneffect offenseon 8-33the under11th thisday sectionafter twothe ordate morethe timesperson is notconvicted. eligible to receive 8-34 deferred disposition or deferred adjudication for an offense under 8-35 this section.

8-36(f)AAA (g)AACommunityperson servicewho orderedhas underbeen Subsectionpreviously (d)convicted mustof bean 8-37offense relatedunder tothis educationsection abouttwo or preventionmore oftimes misuseis ofnot drugseligible ifto areceive 8-38deferred programdisposition or servicedeferred providingadjudication thatfor educationan oroffense preventionunder isthis 8-39section. available in the county in which the court is located.

If(g)AACommunity service ordered under Subsection (d) must be related to education about or prevention of misuse of drugs if a program 8-40 or service providing that education or prevention is not available 8-41 in the county,county in which the court mayis orderlocated. community service appropriate 8-42 for rehabilitative purposes.

TheIf educationa program underor 8-43service Subsectionproviding (d)(1)(B)that education or prevention is not available in additionthe tocounty, the court may order community service orderedappropriate 8-44for underrehabilitative thispurposes. section.

8-45The (h)AAForeducation theprogram purposeunder ofSubsection determining(d)(1)(B) whetheris ain personaddition hasto beencommunity 8-46service previouslyordered convicted of an offense under this section:section.

8-47(h)AAFor (1)AAanthe adjudicationpurpose underof Titledetermining 3,whether Familya Code, that 8-48 the person engagedhas inbeen conductpreviously describedconvicted by this section is 8-49 considered a conviction of an offense under this section;section:

and(1)AAan 8-50adjudication (2)AAanunder orderTitle of3, deferredFamily dispositionCode, forthat anthe offenseperson 8-51engaged allegedin underconduct described by this section is considered a conviction of an offense 8-52 under this section.section;

8-53and (i)AAIf(2)AAan conductorder constitutingof deferred disposition for an offense alleged under this section 8-54is alsoconsidered constitutesa conviction of an offense under another law, the actor may be 8-55 prosecuted under this section,section. the other law, or both.

8-56(i) Sec.A443.253.AAOFFENSE:AAIf conduct constituting an offense under this section also constitutes an offense under another law, the actor may be S.B.ANo.A6 prosecuted under this section, the other law, or both.

SALESec. OR DISTRIBUTION OF CERTAIN 8-57 CONSUMABLE HEMP PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE;

8-58A443.253.AAOFFENSE: PROOF OF AGE REQUIRED.

(a)SALE AOR personDISTRIBUTION commitsOF anCERTAIN offenseCONSUMABLE ifHEMP thePRODUCTS 8-59TO person,PERSONS withYOUNGER criminalTHAN negligence, sells a consumable hemp product 8-60 that contains or is marketed as containing hemp-derived 8-61 cannabinoids to a person who is younger than 21 yearsYEARS ofOF age.AGE;

8-62PROOF (b)AAAnOF employeeAGE ofREQUIRED. the owner of a store in which consumable 8-63 hemp products that contain or are marketed as containing 8-64 hemp-derived cannabinoids are sold at retail is criminally 8-65 responsible and subject to prosecution for an offense under this 8-66 section that occurs in connection with a sale by the employee.

8-67(a) (c)AAAnA person commits an offense underif thisthe sectionperson, with criminal negligence, sells a consumable hemp product that contains or is marketed as containing hemp-derived cannabinoids to a Classperson Awho misdemeanor.is younger than 21 years of age.

8-68(b)AAAn (d)AAItemployee isof the owner of a defensestore toin prosecutionwhich underconsumable Subsectionhemp (a)products that 8-69contain theor personare tomarketed whomas thecontaining consumablehemp-derived hempcannabinoids productare was sold presentedat retail is criminally responsible and subject to S.B.ANo.A6prosecution 9-1for thean defendantoffense apparentlyunder validthis proofsection ofthat identification.occurs in connection with a sale by the employee.

9-2(c)AAAn (e)AAAoffense proofunder ofthis identificationsection satisfies the requirements of 9-3 Subsection (d) if it is presented in person and contains a physicalClass 9-4A descriptionmisdemeanor. and photograph consistent with the person’s 9-5 appearance, purports to establish that the person is 21 years of age 9-6 or older, and was issued by a governmental agency.

AAThe(d)AAIt proofis of 9-7 identification may include a driver’defense sto licenseprosecution issuedunder bySubsection this(a) statethat 9-8the orperson anotherto state,whom athe passport,consumable orhemp anproduct identificationwas cardsold issuedpresented byto athe 9-9defendant stateapparently orvalid theproof federalof government.identification.

9-10(e) Sec.A443.254.AAOFFENSE:AAA proof of identification satisfies the requirements of Subsection (d) if it is presented in person and contains a physical description and photograph consistent with the person’ s appearance, purports to establish that the person is 21 years of age or older, and was issued by a governmental agency.

MANUFACTURE,AAThe DISTRIBUTION,proof ORof SALEidentification 9-11may OFinclude CONSUMABLEa HEMPdriver PRODUCTS’s FORlicense SMOKING.issued by this state or another state, a passport, or an identification card issued by a state or the federal government.

(a)Sec. A person commits an 9-12 offense if the person manufactures, distributes, sells, or offers 9-13 for sale a consumable hemp product for smoking.

9-14A443.254.AAOFFENSE: (b)AAAn offense under this section is a Class B misdemeanor.

9-15MANUFACTURE, Sec.A443.255.AAOFFENSE:DISTRIBUTION, OR SALE OF CONSUMABLE HEMP PRODUCTS FOR SMOKING.

SALE(a) ORA DELIVERYperson OFcommits CERTAINan 9-16offense CONSUMABLEif HEMPthe PRODUCTSperson NEARmanufactures, SCHOOL.distributes, sells, or offers S.B.ANo.A6 for sale a consumable hemp product for smoking.

(a)(b) InAAAn thisoffense section,under 9-17this "school"section andis "premises"a haveClass theB meaningsmisdemeanor. assigned by Section 9-18 481.134.

9-19Sec. (b)AAA person commits an offense if the person sells, offers 9-20 for sale, or delivers a consumable hemp product containing a 9-21 hemp-derived cannabinoid in, on, or within 1,000 feet of the 9-22 premises of a school.

9-23A443.255.AAOFFENSE: (c)AAAn offense under this section is a Class B misdemeanor.

9-24SALE Sec.A443.256.AAOFFENSE:OR DELIVERY OF CERTAIN CONSUMABLE HEMP PRODUCTS NEAR SCHOOL.

PROVISION(a) OFIn CERTAINthis CONSUMABLEsection, HEMP"school" 9-25and PRODUCT"premises" BYhave COURIER,the DELIVERY,meanings ORassigned MAILby SERVICE.Section 481.134.

(a)(b)AAA A person 9-26 commits an offense if the person providessells, aoffers consumablefor hempsale, productor 9-27delivers thata containsconsumable anyhemp amountproduct ofcontaining a hemp-derived cannabinoid otherin, thanon, cannabidiol or 9-28within cannabigerol1,000 byfeet courier,of delivery,the orpremises mailof service.a school.

9-29(c) (b)AAAnAAAn offense under this section is a Class AB misdemeanor.

9-30Sec.A443.256.AAOFFENSE: Sec.A443.257.AAOFFENSE:

PROVISION OF CERTAIN CONSUMABLE HEMP PRODUCT BY COURIER, DELIVERY, OR MAIL SERVICE.

(a) A person commits an offense if the person provides a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol by courier, delivery, or mail service.

(b)AAAn offense under this section is a Class A misdemeanor.

Sec.

A443.257.AAOFFENSE:

(a) A 9-31 person commits an offense if the person, with the intent to deceive, 9-32 forges, falsifies, or alters the results of a laboratory test 9-33 authorized or required by this chapter.

9-34 (b)AAAn offense under this section is a felony of the third 9-35 degree.

9-36Sec. Sec.A443.258.AAOFFENSE:

MANUFACTURINGA443.258.AAOFFENSE: OR SELLING WITHOUT 9-37 LICENSE OR REGISTRATION.

(a)MANUFACTURING AOR personSELLING commitsWITHOUT anLICENSE offenseOR ifREGISTRATION. the 9-38 person:

9-39(a) (1)AAprocessesA hempperson orcommits manufacturesan aoffense consumableif hempthe 9-40person: product without a license issued under Subchapter C;

or(1)AAprocesses 9-41hemp (2)AAsells at retail or offersmanufactures for sale at retail a 9-42 consumable hemp S.B.ANo.A6 product without registering as a retailerlicense issued under 9-43Subchapter SectionC; 443.2025.

9-44or (b)AAAn(2)AAsells offenseat underretail thisor sectionoffers isfor sale at retail a felonyconsumable ofhemp theproduct thirdwithout 9-45registering degree.as a retailer under Section 443.2025.

9-46(b)AAAn SUBCHAPTERoffense G.under this section is a felony of the third degree.

ADMINISTRATIVESUBCHAPTER ENFORCEMENTG. 9-47 Sec.A443.301.AAENFORCEMENT BY DEPARTMENT.

(a)ADMINISTRATIVE TheENFORCEMENT 9-48Sec.A443.301.AAENFORCEMENT departmentBY shallDEPARTMENT. receive and investigate complaints concerning 9-49 violations of this chapter by:

9-50(a) (1)AAaThe licensedepartment holdershall underreceive Subchapterand C;investigate complaints concerning violations of this chapter by:

or(1)AAa 9-51license (2)AAaholder registrant under SectionSubchapter 443.2025.C;

9-52 (b)AAThe department may revoke, suspend, or refuse(2)AAa toregistrant renew a 9-53 license or registration for a violation of this chapter or a rule 9-54 adopted under thisSection chapter.443.2025.

9-55(b) (c)AATheAAThe department may imposerevoke, ansuspend, administrativeor penaltyrefuse in 9-56 an amount not to exceedrenew $10,000 against a license holder or 9-57registration registrant for eacha violation of this chapter or a rule adopted 9-58 under this chapter.

9-59(c)AAThe (d)AAAdepartment proceedingmay underimpose thisan sectionadministrative ispenalty in an amount not to exceed $10,000 against a contestedlicense caseholder 9-60or underregistrant Chapterfor 2001,each Governmentviolation Code.of this chapter or a rule adopted under this chapter.

9-61(d)AAA SECTIONA20.AATheproceeding followingunder provisionsthis ofsection theis Healtha andcontested 9-62case Safetyunder CodeChapter are2001, repealed:Government Code.

9-63SECTIONA20.AAThe (1)AASectionfollowing 443.151(e);provisions of the Health and Safety Code are repealed:

9-64(1)AASection (2)AASections443.151(e); 443.201 and 443.202;

and(2)AASections 9-65443.201 (3)AASections 443.2025(a) and (c).443.202;

9-66 SECTIONA21.AANot later than February 1, 2026, the executive 9-67 commissioner of the Health and Human(3)AASections Services443.2025(a) Commission shall 9-68 adopt the rules required by Section 443.2026, Health and Safety(c). 9-69 Code, as added by this Act.

S.B.ANo.A6SECTION 10-1A21.AANot SECTIONA22.AA(a)later Exceptthan asFebruary otherwise1, provided2026, bythe Subsectionexecutive 10-2S.B.ANo.A6 (b)commissioner of this section, the changesHealth inand lawHuman madeServices byCommission thisshall Actadopt apply to the 10-3rules manufacture,required sale,by delivery,Section display,443.2026, orHealth possessionand ofSafety aCode, consumableas 10-4added hempby product that occurs on or after the effective date of this Act.

10-5SECTION TheA22.AA(a) manufacture,Except sale,as delivery,otherwise display,provided orby possessionSubsection (b) of athis 10-6section, consumable hemp product that occurs before the effectivechanges datein oflaw 10-7made by this Act isapply governedto by the law in effect on the date the 10-8 manufacture, sale, delivery, display, or possession occurredof anda 10-9consumable thehemp formerproduct lawthat isoccurs continuedon inor effectafter forthe thateffective purpose.date of this Act.

10-10The (b)AAAmanufacture, personsale, sellingdelivery, display, or possession of a consumable hemp productsproduct onthat theoccurs 10-11before the effective date of this Act is notgoverned requiredby tothe registerlaw ain producteffect 10-12on underthe Sectiondate 443.2026,the Healthmanufacture, andsale, Safetydelivery, Code,display, asor addedpossession byoccurred thisand 10-13the Act,former beforelaw Marchis 1,continued 2026.in effect for that purpose.

10-14(b)AAA SECTIONA23.AAItperson isselling theconsumable intenthemp ofproducts on the legislatureeffective thatdate everyof 10-15this provision,Act section,is subsection,not sentence,required clause,to phrase,register ora wordproduct 10-16under inSection this443.2026, Act,Health and everySafety applicationCode, ofas theadded provisionsby in this ActAct, tobefore 10-17March every1, person,2026. group of persons, or circumstances, is severable from 10-18 each other.

IfSECTIONA23.AAIt anyis applicationthe intent of anythe provisionlegislature inthat thisevery Actprovision, tosection, anysubsection, 10-19sentence, person,clause, groupphrase, of persons, or circumstancesword isin foundthis byAct, aand courtevery toapplication beof 10-20 invalid for any reason, the remainingprovisions applicationsin ofthis thatAct 10-21 provision to allevery otherperson, personsgroup andof circumstancespersons, shallor becircumstances, severedis 10-22severable andfrom mayeach notother. be affected.

10-23If SECTIONA24.AAThisany application of any provision in this Act takesto effectany onperson, thegroup 91stof daypersons, afteror thecircumstances 10-24is lastfound dayby ofa court to be invalid for any reason, the legislativeremaining session.applications of that provision to all other persons and circumstances shall be severed and may not be affected.

10-25SECTION *A24.AAThis *Act *takes *effect *on 10the 91st day after the last day of the legislative session.

23