Bill Text: TX SB3 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and permits; imposing fees; creating criminal offenses; authorizing an administrative penalty.
Sponsorship: Partisan Bill (Republican 11)
Status: (Vetoed) 0000-00-00 - Vetoed by the Governor [SB3 Detail]
Download: Texas-2025-SB3-Enrolled.html
| S.B. No. 3 | ||
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| relating to the regulation of products derived from hemp, including | ||
| consumable hemp products and the hemp-derived cannabinoids | ||
| contained in those products; requiring occupational licenses and | ||
| permits; imposing fees; creating criminal offenses; authorizing an | ||
| administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 443.001, Health and Safety Code, is | ||
| amended by amending Subdivision (1) and adding Subdivision (8-a) to | ||
| read as follows: | ||
| (1) "Consumable hemp product" means food, a drug, a | ||
| device, or a cosmetic, as those terms are defined by Section | ||
| 431.002, that contains hemp or one or more hemp-derived | ||
| cannabinoids, including cannabidiol or cannabigerol. | ||
| (8-a) "Minor" means a person under 21 years of age. | ||
| SECTION 2. Chapter 443, Health and Safety Code, is amended | ||
| by adding Subchapter A-1 to read as follows: | ||
| 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. | ||
| SECTION 3. Subchapter C, Chapter 443, Health and Safety | ||
| Code, is amended by adding Section 443.1035 to read as follows: | ||
| 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. | ||
| SECTION 4. Section 443.104(b), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (b) The department shall renew a license if the license | ||
| holder: | ||
| (1) is not ineligible to hold the license under | ||
| Section 443.102; | ||
| (2) has not violated this chapter or a rule adopted | ||
| under this chapter; | ||
| (3) submits to the department any license renewal fee; | ||
| and | ||
| (4) [ |
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| department. | ||
| SECTION 5. Subchapter C, Chapter 443, Health and Safety | ||
| Code, is amended by adding Section 443.106 to read as follows: | ||
| 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. | ||
| SECTION 6. Section 443.151, Health and Safety Code, is | ||
| amended by amending Subsections (a), (b), and (d) and adding | ||
| Subsections (d-1) and (d-2) to read as follows: | ||
| (a) A consumable hemp product must be tested as provided | ||
| by[ |
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| [ |
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| [ |
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| (b) Before a hemp plant is processed or otherwise used in | ||
| the manufacture of a consumable hemp product, a sample representing | ||
| the plant must be tested, as required by the executive | ||
| commissioner, to determine: | ||
| (1) the concentration and identity of the [ |
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| cannabinoids in the plant; and | ||
| (2) the presence or quantity of heavy metals, | ||
| pesticides, microbial contamination, and any other substance | ||
| prescribed by the department. | ||
| (d) Before [ |
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| introduced into commerce in this state, a sample representing the | ||
| hemp product must be tested: | ||
| (1) by a laboratory that is: | ||
| (A) located in this state; | ||
| (B) registered with the United States Drug | ||
| Enforcement Administration; and | ||
| (C) accredited by an accreditation body in | ||
| accordance with International Organization for Standardization | ||
| ISO/IEC 17025 or a comparable or successor standard to determine | ||
| the identity and [ |
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| any cannabinoids contained in the product; and | ||
| (2) by an appropriate laboratory to determine that the | ||
| product does not contain a substance described by Subsection (b)(2) | ||
| [ |
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| subsections. | ||
| (d-1) The testing required under Subsection (d) must use | ||
| post-decarboxylation, high-performance liquid chromatography, or a | ||
| similar method that includes 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. | ||
| SECTION 7. Sections 443.152(a) and (c), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (a) A consumable hemp product that contains any amount of a | ||
| cannabinoid other than cannabidiol or cannabigerol [ |
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| not be sold at retail or otherwise introduced into commerce in this | ||
| state. | ||
| (c) A license holder shall make available to a seller of a | ||
| consumable hemp product processed or manufactured by the license | ||
| holder the results of testing required by Section 443.151. The | ||
| results may accompany a shipment to the seller or be made available | ||
| to the seller electronically. If the results are not able to be | ||
| made available, the seller may have the testing required under | ||
| Section 443.151 performed on the product and shall make the results | ||
| available to a consumer and the department. | ||
| SECTION 8. Sections 443.202(b) and (c), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (b) Notwithstanding any other law, a person may not sell, | ||
| offer for sale, possess, distribute, or transport a cannabinoid | ||
| oil[ |
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| (1) if the oil contains any material extracted or | ||
| derived from the plant Cannabis sativa L., other than from hemp | ||
| produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; | ||
| and | ||
| (2) unless a sample representing the oil has been | ||
| tested by a laboratory that is accredited by an independent | ||
| accreditation body in accordance with International Organization | ||
| for Standardization ISO/IEC 17025 or a comparable or successor | ||
| standard and found to not contain any amount of a cannabinoid other | ||
| than cannabidiol or cannabigerol [ |
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| (c) The department [ |
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| shall establish a process for the [ |
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| oil[ |
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| establishments that sell, offer for sale, distribute, or use the | ||
| oil to ensure that the oil: | ||
| (1) does not contain harmful ingredients; | ||
| (2) is produced in compliance with 7 U.S.C. Chapter | ||
| 38, Subchapter VII; and | ||
| (3) does not contain any amount of a cannabinoid other | ||
| than cannabidiol or cannabigerol [ |
||
| SECTION 9. The heading to Section 443.2025, Health and | ||
| Safety Code, is amended to read as follows: | ||
| Sec. 443.2025. REGISTRATION REQUIRED FOR RETAILERS OF | ||
| CERTAIN CONSUMABLE HEMP PRODUCTS. | ||
| SECTION 10. Section 443.2025, Health and Safety Code, is | ||
| amended by amending Subsections (b), (d), and (f) and adding | ||
| Subsection (h) to read as follows: | ||
| (b) A person may not sell consumable hemp products | ||
| containing a cannabinoid [ |
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| unless the person registers with the department each location | ||
| owned, operated, or controlled by the person at which those | ||
| products are sold. A person is not required to register a location | ||
| associated with an employee [ |
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| by Subsection (d). | ||
| (d) A person is not required to register with the department | ||
| under Subsection (b) if the person is[ |
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| [ |
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| [ |
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| (f) 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 [ |
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| [ |
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| [ |
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| (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. | ||
| SECTION 11. Subchapter E, Chapter 443, Health and Safety | ||
| Code, is amended by adding Section 443.2026 to read as follows: | ||
| 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 selling the product | ||
| to a 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 or is mixed with any alcohol, tobacco, | ||
| nicotine, kratom, kava, mushrooms, or a derivative of any of those | ||
| items. | ||
| (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. | ||
| SECTION 12. Section 443.203, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 443.203. DECEPTIVE TRADE PRACTICE. (a) A person who | ||
| sells, offers for sale, or distributes a consumable hemp product | ||
| [ |
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| claims is processed or manufactured in compliance with this chapter | ||
| commits a false, misleading, or deceptive act or practice | ||
| actionable under Subchapter E, Chapter 17, Business & Commerce | ||
| Code, if the product [ |
||
| accordance with this chapter. | ||
| (b) A person who sells, offers for sale, or distributes a | ||
| consumable hemp product [ |
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| misleading, or deceptive act or practice actionable under | ||
| Subchapter E, Chapter 17, Business & Commerce Code, if [ |
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| (1) the product contains harmful ingredients; | ||
| (2) the product is not produced in compliance with 7 | ||
| U.S.C. Chapter 38, Subchapter VII; [ |
||
| (3) 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 [ |
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| SECTION 13. Section 443.204, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP | ||
| PRODUCTS. Rules adopted by the executive commissioner regulating | ||
| the sale of consumable hemp products must to the extent allowable by | ||
| federal law reflect the following principles: | ||
| (1) hemp-derived [ |
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| cannabidiol and cannabigerol[ |
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| substances or adulterants; | ||
| (2) products containing [ |
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| [ |
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| for ingestion are considered foods, not controlled substances or | ||
| adulterated products; and | ||
| (3) consumable hemp products must be packaged and | ||
| labeled in the manner provided by Section 443.205[ |
||
| [ |
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| SECTION 14. Sections 443.205(a) and (c), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (a) Before a consumable hemp product that contains or is | ||
| marketed as containing [ |
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| may be distributed or sold, the product must be: | ||
| (1) labeled in the manner provided by this subchapter, | ||
| including [ |
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| (A) [ |
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| (B) [ |
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| (C) [ |
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| (D) [ |
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| provides or links to a certificate of analysis for the product or | ||
| each hemp-derived ingredient of the product; | ||
| (E) [ |
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| manufacturer; | ||
| (F) the amount of cannabidiol or cannabigerol in | ||
| each serving or unit of the product; and | ||
| (G) [ |
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| detectable amount of any cannabinoid other than cannabidiol or | ||
| cannabigerol 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 [ |
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| (c) The label required by Subsection (a) must appear on the | ||
| outer packaging of each unit of the product intended for individual | ||
| retail sale. [ |
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| SECTION 15. Subchapter E, Chapter 443, Health and Safety | ||
| Code, is amended by adding Sections 443.2055 and 443.2056 to read as | ||
| follows: | ||
| Sec. 443.2055. OFFENSE: MARKETING OF CONSUMABLE HEMP | ||
| PRODUCT OR PACKAGING IN MANNER ATTRACTIVE TO MINORS. (a) A person | ||
| commits an offense if the person markets, advertises, sells, or | ||
| causes to be sold an edible 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 children; 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 children; | ||
| (B) depicts an image of a human, animal, fruit, | ||
| or cartoon or another image that is attractive to children; | ||
| (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 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. | ||
| SECTION 16. Section 443.206, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 443.206. RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP | ||
| PRODUCTS. Retail sales of consumable hemp products processed or | ||
| manufactured outside of this state may be made in this state when | ||
| the products were processed or manufactured in another state or | ||
| jurisdiction if the products: | ||
| (1) were manufactured or processed in compliance with: | ||
| (A) [ |
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| plan approved by the United States Department of Agriculture under | ||
| 7 U.S.C. Section 1639p; | ||
| (B) [ |
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| Section 1639q if that plan applies to the state or jurisdiction; or | ||
| (C) [ |
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| if the products are tested in accordance with, or in a manner | ||
| similar to, Section 443.151; | ||
| (2) do not contain any amount of a cannabinoid other | ||
| than cannabidiol or cannabigerol; and | ||
| (3) are packaged and labeled in the manner provided by | ||
| this subchapter. | ||
| SECTION 17. Chapter 443, Health and Safety Code, is amended | ||
| by adding Subchapters F and G to read as follows: | ||
| 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, that | ||
| the person engaged in conduct described by this section is | ||
| considered a conviction of an offense under this section; and | ||
| (2) an order of deferred disposition for an offense | ||
| alleged under this section is considered a conviction of an offense | ||
| under this section. | ||
| (i) 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. 443.253. OFFENSE: SALE OR DISTRIBUTION OF CERTAIN | ||
| CONSUMABLE HEMP PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE; | ||
| PROOF OF AGE REQUIRED. (a) A person commits an offense if the | ||
| person, with criminal negligence, sells a consumable hemp product | ||
| that contains or is marketed as containing hemp-derived | ||
| cannabinoids to a person who is younger than 21 years of age. | ||
| (b) An employee of the owner of a store in which consumable | ||
| hemp products that contain or are marketed as containing | ||
| hemp-derived cannabinoids are sold at retail is criminally | ||
| responsible and subject to prosecution for an offense under this | ||
| section that occurs in connection with a sale by the employee. | ||
| (c) An offense under this section is a Class A misdemeanor. | ||
| (d) It is a defense to prosecution under Subsection (a) that | ||
| the person to whom the consumable hemp product was sold presented to | ||
| the defendant apparently valid proof of identification. | ||
| (e) A proof of identification satisfies the requirements of | ||
| Subsection (d) if it 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. The proof of identification may include a | ||
| driver's license issued by this state or another state, a passport, | ||
| or an identification card issued by a state or the federal | ||
| government. | ||
| (f) The owner of a store in which consumable hemp products | ||
| that contain or are marketed as containing hemp-derived | ||
| cannabinoids are sold, or an employee of the owner, may not display | ||
| consumable hemp products for sale adjacent to products that are | ||
| legal for children to consume. | ||
| Sec. 443.254. OFFENSE: MANUFACTURE, DISTRIBUTION, OR SALE | ||
| OF CONSUMABLE HEMP PRODUCTS FOR SMOKING. (a) A person commits an | ||
| offense if the person manufactures, distributes, sells, or offers | ||
| for sale a consumable hemp product for smoking. | ||
| (b) An offense under this section is a Class B misdemeanor. | ||
| Sec. 443.255. OFFENSE: SALE OR DELIVERY OF CERTAIN | ||
| CONSUMABLE HEMP PRODUCTS NEAR SCHOOL. (a) In this section, | ||
| "school" and "premises" have the meanings assigned by Section | ||
| 481.134. | ||
| (b) A person commits an offense if the person sells, offers | ||
| for sale, or delivers a consumable hemp product containing a | ||
| hemp-derived cannabinoid in, on, or within 1,000 feet of the | ||
| premises of a school. | ||
| (c) An offense under this section is a Class B misdemeanor. | ||
| Sec. 443.256. OFFENSE: 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 | ||
| containing a hemp-derived cannabinoid by courier, delivery, or mail | ||
| service. | ||
| (b) An offense under this section is a Class A misdemeanor. | ||
| Sec. 443.257. OFFENSE: FALSE LABORATORY REPORT. (a) A | ||
| person commits an offense if the person, with the intent to deceive, | ||
| forges, falsifies, or alters the results of a laboratory test | ||
| authorized or required by this chapter. | ||
| (b) An offense under this section is a felony of the third | ||
| degree. | ||
| Sec. 443.258. OFFENSE: MANUFACTURING OR SELLING WITHOUT | ||
| LICENSE OR REGISTRATION. (a) A person commits an offense if the | ||
| person: | ||
| (1) processes hemp or manufactures a consumable hemp | ||
| product without a license issued under Subchapter C; or | ||
| (2) sells at retail or offers for sale at retail a | ||
| consumable hemp product without registering as a retailer under | ||
| Section 443.2025. | ||
| (b) An offense under this section is a felony of the third | ||
| degree. | ||
| SUBCHAPTER G. ADMINISTRATIVE ENFORCEMENT | ||
| Sec. 443.301. ENFORCEMENT BY DEPARTMENT. (a) The | ||
| department shall receive and investigate complaints concerning | ||
| violations of this chapter by: | ||
| (1) a license holder under Subchapter C; or | ||
| (2) a registrant under Section 443.2025. | ||
| (b) The department may revoke, suspend, or refuse to renew a | ||
| license or registration for a violation of this chapter or a rule | ||
| adopted under this chapter. | ||
| (c) The department may impose an administrative penalty in | ||
| an amount not to exceed $10,000 against a license holder or | ||
| registrant for each violation of this chapter or a rule adopted | ||
| under this chapter. | ||
| (d) A proceeding under this section is a contested case | ||
| under Chapter 2001, Government Code. | ||
| SECTION 18. The following provisions of the Health and | ||
| Safety Code are repealed: | ||
| (1) Section 443.151(e); | ||
| (2) Section 443.201; and | ||
| (3) Sections 443.202(a) and 443.2025(a) and (c). | ||
| SECTION 19. Not later than December 1, 2025, the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| adopt the rules required by Section 443.2026, Health and Safety | ||
| Code, as added by this Act. | ||
| SECTION 20. (a) Except as otherwise provided by Subsection | ||
| (b) of this section, the changes in law made by this Act apply to the | ||
| manufacture, sale, delivery, or possession of a consumable hemp | ||
| product that occurs on or after the effective date of this Act. The | ||
| manufacture, sale, delivery, or possession of a consumable hemp | ||
| product that occurs before the effective date of this Act is | ||
| governed by the law in effect on the date the manufacture, sale, | ||
| delivery, or possession occurred and the former law is continued in | ||
| effect for that purpose. | ||
| (b) A person selling consumable hemp products on the | ||
| effective date of this Act is not required to register a product | ||
| under Section 443.2026, Health and Safety Code, as added by this | ||
| Act, before January 1, 2026. | ||
| SECTION 21. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 3 passed the Senate on | ||
| March 19, 2025, by the following vote: Yeas 26, Nays 5; and that | ||
| the Senate concurred in House amendments on May 25, 2025, by the | ||
| following vote: Yeas 25, Nays 6. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 3 passed the House, with | ||
| amendments, on May 22, 2025, by the following vote: Yeas 87, | ||
| Nays 54, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
