In June of 2019, the State of Texas legalized low-THC (<0.3%) cannabis and defining it as hemp. Consumable hemp and its derivatives were made completely legal to possess and use in the state. This includes oils, edibles, hemp flower and vape liquid and vape cartridges.
Since becoming legal. they are widely consumed and sold throughout the state by retailers. They have been embraced by many Texans who say they benefit from hemp products and extracts such as CBD, CBG, CBN, CBC, and over 100 other cannabinoids that are found in hemp.
In December, the Texas Department of State Health Services (DSHS) proposed draft rules that would ban the in-state retail sales of hemp products intended for smoking, this also includes vaping.
On May 8, the DSHS decided to move forward with and formally proposed these rules
Including the following restriction:
§300.104.Manufacture, Processing, Distribution, and Retail Sale of Hemp Products for Smoking.
The manufacture, processing, distribution, or retail sale of consumable hemp products for smoking is prohibited.
State law, HB 1325, does prohibit the in-state manufacturing of hemp products intended for smoking. HB 1325, however, does not prohibit in-state retail sales of products manufactured outside of the state of Texas. Although, they must be cultivated and manufactured in compliance with federal law.
If the DSHS adopts these regulations, it will make it illegal for Texas businesses from selling hemp & CBD vape cartridges. This will force consumers to purchase from out-of-state retailers. Hemp flower being sold in the state, including Victoria, TX could no longer be marketed as a smokeable but retailers could sell hemp flower for other purposes (making tinctures, oils, edibles, lotions, CBD topical cream, etc.). This would also mean selling a pre-rolled hemp flower cigar (or joint) would not be allowed.
Basically, this means Texas is proposing to prohibit the sale of hemp products by retailers while it is legal to possess and consume in the state. This is bad for commerce and bad for our Texas.
Just to reiterate, none of the proposed rules would ban consumers from using or possessing these products. They will simply have to buy them online or in-person from a retailer that is outside the state.
TAKE ACTION: June 8th is the last day to send you input on these proposed rules to the DSHS. It is important that you respectfully share your feedback if you are concerned about the changes that are being proposed in these new rules. There is still a little time to make your voice heard.