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House Bill 1325 |
House Author: King, Tracy O. et al. |
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Effective: 6-10-19 |
Senate Sponsor: Perry et al. |
House Bill 1325 amends the Agriculture Code to provide for the regulation of hemp production in Texas by the Department of Agriculture (TDA). Among other provisions, the bill provides for the authorized cultivation of hemp and the related regulatory powers and duties of the TDA and prohibits local regulation of hemp cultivation, handling, transportation, or sales. The bill establishes a hemp grower's license for cultivating and handling hemp and provides for inspections by the TDA and the Department of Public Safety (DPS) of land where hemp plants are cultivated or handled and for the testing of the plants. The bill sets out requirements for testing hemp plants, including those for preharvest and postharvest testing, and requirements for license holders in harvesting the plants and in using or disposing of plants based on the results of tetrahydrocannabinol concentration tests. The bill provides for the certification or approval of hemp seed and sets out provisions relating to the authorized manufacture, possession, transportation, and sale of nonconsumable hemp products. The bill creates third degree felony offenses for certain violations relating to hemp cultivation.
House Bill 1325 sets out requirements for the transportation of hemp in Texas, including documentation and other shipping requirements, and establishes a civil penalty and misdemeanor offense for violating those requirements. The bill provides for the authority of a peace officer to inspect and collect certain cannabis plant material found in vehicles and to detain or, in certain circumstances, seize hemp in transport. The bill provides for the enforcement of its hemp cultivation provisions by the TDA through the imposition of sanctions and penalties for related violations.
House Bill 1325 amends the Health and Safety Code to establish provisions relating to the manufacture, distribution, and sale of consumable hemp products (CHP). The bill provides for the related regulatory powers and duties of the executive commissioner of the Health and Human Services Commission and prohibits local regulation of hemp processing or the manufacture or sale of a CHP. The bill establishes a CHP manufacturer license issued by the Department of State Health Services (DSHS) to a person seeking to process hemp or manufacture a CHP in Texas and sets out requirements for testing a CHP before it may be manufactured or sold. The bill provides for the retail sale of a CHP and for the regulation of certain cannabinoid oils, including a process for random testing of cannabinoid oils by DSHS and DPS, and requires retailers of a CHP containing cannabidiol to register with DSHS. The bill establishes a deceptive trade practice relating to the sale or distribution of a cannabinoid oil processed or manufactured in a noncompliant manner and sets out packaging and labeling requirements for a CHP before it may be distributed or sold. The bill excludes hemp from the definitions of "controlled substance" and "marihuana" under the Texas Controlled Substances Act.