As discussed in our prior post, Texas, like many state legislatures, is currently considering heightened regulation of the hemp derived cannabinoid market. Texas Senate Bill 3 (SB3), which is strongly supported by Texas Lt. Governor Dan Patrick, would ban all cannabinoids in the State of Texas except CBD and CBG. It would have a devastating impact on the Texas hemp product marketplace and if passed in its current form could eliminate nearly all hemp derived cannabinoid businesses located and products currently offered for sale in Texas. 

As reported in the Austin Chronicle, Texas House Bill 28 (HB 28)  also prohibits the manufacture and sale of nearly all hemp products in Texas. Specifically, HB 28 would ban hemp flower and edibles, the two most prominent categories of consumable hemp products to which Texans currently enjoy legal access. HB 28, like its counterpart SB 3, could decimate the hemp industry in Texas. 

However, although HB 28 severely restricts the manufacture and sale of nearly all hemp products in Texas, HB 28 carves out beverages containing certain hemp derived cannabinoids, and adopts a 10mg THC limit. Hemp beverages would be subsumed into the regulatory infrastructure of the Texas Alcoholic Beverage Commission and would be subject to the same three-tiered system that already applies to alcohol in Texas.

SB 3 and HB 28 are set to heard in the Texas State House of Representatives on Monday, April 7^th. Those wishing to testify may do so at the State House and can register on Monday beginning at 8:00 am. 

In contrast to prohibitionist stances adopted in SB 3 and HB 28, Texas House Bill 4242 (HB 4242)  provides a regulatory framework for the sale, distribution, delivery, and production of hemp and hemp-related products. HB 4242 was referred to the Texas State Affairs Committee on March 31st. Hearing dates on the legislation have not been set. 

HB 4242 is reasonable legislation which would allow for the sale of hemp and hemp products via e-commerce and regulate testing and packaging to ensure consumer safety. 

HB 4242 provides stronger enforcement mechanisms, licensing for manufacturers and sellers, independent testing of hemp products, labeling which prohibits child-enticing images, and age restrictions for consumable hemp products. Adult consumers may continue to purchase hemp products in Texas while intoxicating hemp derived cannabinoid products are kept out of the hands of children. 

Stay tuned as we continue to monitor the status of hemp legislation in Texas and update you on the ongoing debates concerning hemp-derived cannabinoids taking place in legislatures across the country.