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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offenses of marketing or |
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packaging of consumable hemp products in a manner attractive to |
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minors and misleading consumable hemp packaging. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 443, Health and Safety |
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Code, is amended by adding Sections 443.2055 and 443.2056 to read as |
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follows: |
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Sec. 443.2055. OFFENSE: MARKETING OR PACKAGING OF |
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CONSUMABLE HEMP PRODUCT IN MANNER ATTRACTIVE TO MINORS. (a) In |
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this section, "minor" means a person younger than 21 years of age. |
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(b) A person commits an offense if the person markets, |
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advertises, sells, or causes to be sold an edible consumable hemp |
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product containing a hemp-derived cannabinoid that: |
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(1) is in the shape of a human, animal, fruit, or |
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cartoon or in another shape that is attractive to minors; or |
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(2) is in packaging or a container that: |
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(A) is in the shape of a human, animal, fruit, or |
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cartoon or in another shape that is attractive to minors; |
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(B) depicts an image of a human, animal, fruit, |
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or cartoon or another image that is attractive to minors; |
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(C) imitates or mimics trademarks or trade dress |
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of products that are or have been primarily marketed to minors; |
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(D) includes a symbol that is primarily used to |
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market products to minors; |
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(E) includes an image of a celebrity; or |
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(F) includes an image that resembles a food |
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product, including candy or juice. |
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(c) In this section, a cartoon includes a depiction of an |
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object, person, animal, creature, or any similar caricature that: |
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(1) uses comically exaggerated features and |
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attributes; |
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(2) assigns human characteristics to animals, plants, |
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or other objects; or |
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(3) has unnatural or extra-human abilities, such as |
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imperviousness to pain or injury, x-ray vision, tunneling at very |
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high speeds, or transformation. |
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(d) An offense under this section is a Class A misdemeanor. |
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Sec. 443.2056. OFFENSE: MISLEADING CONSUMABLE HEMP |
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PACKAGING. (a) A person commits an offense if the person sells or |
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offers for sale a consumable hemp product that contains or is |
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marketed as containing hemp-derived cannabinoids in a package that |
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depicts any statement, artwork, or design that would likely mislead |
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a person to believe: |
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(1) the package does not contain a hemp-derived |
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cannabinoid; or |
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(2) the product is intended for medical use, including |
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by depicting a green cross. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. This Act takes effect December 1, 2025. |