| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the processing, manufacture, and sale of hemp products |
|
|
for smoking. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 122.301(b), Agriculture Code, is amended |
|
|
to read as follows: |
|
|
(b) A state agency may [not] authorize a person to |
|
|
manufacture a product containing hemp for smoking. For the |
|
|
purposes of this subsection, "smoking" means burning or igniting a |
|
|
substance and inhaling the smoke or heating a substance and |
|
|
inhaling the resulting vapor or aerosol [, as defined by Section |
|
|
443.001, Health and Safety Code]. |
|
|
SECTION 2. 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 cannabinoids, including cannabidiol, |
|
|
are not considered controlled substances or adulterants; |
|
|
(2) products containing one or more hemp-derived |
|
|
cannabinoids, such as cannabidiol, intended for ingestion are |
|
|
considered foods, not controlled substances or adulterated |
|
|
products; and |
|
|
(3) consumable hemp products must be packaged and |
|
|
labeled in the manner provided by Section 443.205 [; and |
|
|
[(4) the processing or manufacturing of a consumable |
|
|
hemp product for smoking is prohibited]. |
|
|
SECTION 3. Section 443.001(11), Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |