Vote Smart's Synopsis:

Vote to pass a bill that prohibits the sale or consumption of THC-cannabis in Texas.

Highlights:

• Expands the definition of “consumable hemp product” to include products containing cannabigerol (Sec. 2).

• Defines “minor,” for the purpose of this Act, as an individual under 21 years of age (Sec. 2).

• Exempts the following products and activities from the regulations of the new chapter under this Act (Sec. 3):

• Low-THC cannabis;

• Research on hemp conducted by a medical school, licensed hospital, or an institution of higher education;

• Consumable hemp products containing exclusively ingredients generally recognized as safe by the U.S. Food and Drug Administration, including hulled hemp seed, hemp seed protein powder, and hemp seed oil;

• Prescription drugs or devices;

• The regulated cultivation and transportation of hemp; and

• The regulated manufacturing of a nonconsumable hemp product.

• Establishes a licensing and renewal fee of $10,000 for each location where an applicant intends to process hemp or manufacture a consumable hemp product (Sec. 5).

• Prohibits a license holder from manufacturing a consumable hemp product that contains a cannabinoid other than cannabidiol or cannabigerol (Sec. 7).

• Requires samples of consumable hemp products to be tested by a laboratory that is located in the state and registered with the U.S. Drug Enforcement Administration to determine the identity and concentration of any cannabinoids in the product (Sec. 8).

• Prohibits the retail sale of any consumable hemp product that contains a cannabinoid other than cannabidiol or cannabigerol (Sec. 9).

• Repeals the exemption for individuals who are an independent contractor of a registered cannabinoid seller to sell their product without their own registration (Sec. 11).

• Establishes an annual registration fee of $20,000 for owners of a location at which consumable hemp products are sold (Sec. 11).

• Requires written consent from the property owner of a retailer that sells consumable hemp products allowing the Department of Public Safety and any other state or local law enforcement agency to conduct a physical inspection to ensure compliance with this chapter (Sec. 11).

• Prohibits an individual from holding a registration or being a governing individual of a business that holds a registration to sell consumable hemp products if they have been convicted of a felony relating to a controlled substance in the previous 10 years (Sec. 11).

• Establishes an application fee of $500 for each consumable hemp product that a manufacturer wishes to register for sale in the state (Sec. 12).

• Prohibits the approval of sale of a consumable hemp product that contains any artificial or synthetic cannabinoids, or is mixed with any alcohol, tobacco, nicotine, kratom, kava, mushrooms, tianeptine, or a derivative of any of those substances (Sec. 12).

• Classifies an offense under this Section as a Class B misdemeanor (Sec. 12).

• Specifies that an individual commits a false, misleading, or deceptive practice if they sell or offer for sale a consumable hemp product that either (Sec. 13):

• Contains a cannabinoid other than cannabidiol or cannabigerol; or

• Is packaged or advertised in a way that indicates it is for medical use.

• Repeals existing legislative language that specifies that hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterated products (Sec. 14).

• Requires consumable hemp products intended for distribution or sale to be labeled with the following information (Sec. 15):

• The amount of cannabidiol or cannabigerol in each serving or unit of the product;

• A certification that there is no detectable amount of any cannabinoid other than cannabidiol or cannabigerol in the product; and

• The cannabinoid concentration of each hemp-derived ingredient in the product.

• Prohibits the display or marketing of a consumable hemp product in a location that is adjacent to products that are legal for minors to consume, or in a manner this is attractive to minors (including cartoons, animals, superheroes, etc.) (Sec. 16).

• Classifies the knowing manufacture, delivery, or possession with intent to deliver a consumable hemp product that contains a cannabinoid other than cannabidiol or cannabigerol as a felony of the third degree (Sec. 19).

• Classifies the possession of a consumable hemp product that contains a cannabinoid other than cannabidiol or cannabigerol as a Class C misdemeanor, and establishes penalties for a first and subsequent offenses (Sec. 19).

• Specifies that it is a defense to prosecution for possession if an individual requests emergency medical assistance in response to their own or another individual’s possible overdose (Sec. 19).

• Classifies the sale of a product that contains hemp-derived cannabinoids to a minor as a Class A misdemeanor (Sec. 19).

• Classifies the sale of a consumable hemp product that is intended for smoking as a Class B misdemeanor (Sec. 19).

• Classifies the sale of a product that contains hemp-derived cannabinoids within 1,000 feet of a school as a Class B misdemeanor (Sec. 19).

• Classifies the attempt to send a consumable hemp product that contains a cannabinoid other than cannabidiol or cannabigerol by courier, delivery, or mail service as a Class A misdemeanor (Sec. 19).

• Classifies the manufacture or sale of a consumable hemp product without a license or registration as a felony of the third degree (Sec. 19).

• Specifies that this Act takes effect 91 days after the end of the legislative session (Sec. 24).

Full Bill Text