Relating to the regulation of products derived from hemp, including consumable hemp products and the hemp-derived cannabinoids contained in those products; requiring occupational licenses and permits; imposing fees; creating criminal offenses; authorizing an administrative penalty.

89(R) SB 3 - Enrolled version - Bill Text

S.B. No. 3

AN ACT

relating to the regulation of products derived from hemp, including

consumable hemp products and the hemp-derived cannabinoids

contained in those products; requiring occupational licenses and

permits; imposing fees; creating criminal offenses; authorizing an

administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 443.001, Health and Safety Code, is

amended by amending Subdivision (1) and adding Subdivision (8-a) to

read as follows:

(1) "Consumable hemp product" means food, a drug, a

device, or a cosmetic, as those terms are defined by Section

431.002, that contains hemp or one or more hemp-derived

cannabinoids, including cannabidiol
or cannabigerol
.

(8-a) "Minor" means a person under 21 years of age.

SECTION 2. Chapter 443, Health and Safety Code, is amended

by adding Subchapter A-1 to read as follows:

SUBCHAPTER A-1.

NONAPPLICABILITY

Sec.

443.021.

LOW-THC CANNABIS.

This chapter does not

apply to low-THC cannabis regulated under Chapter 487.

Sec.

443.022.

RESEARCH. This chapter does not apply to

research on hemp conducted by:

(1)

a medical school, as defined by Section 61.501,

Education Code;

(2) a hospital licensed under Chapter 241; or

(3)

an institution of higher education or private or

independent institution of higher education, as defined by Section

61.003, Education Code.

SECTION 3. Subchapter C, Chapter 443, Health and Safety

Code, is amended by adding Section 443.1035 to read as follows:

Sec.

443.1035.

LICENSING FEES. (a)

An applicant for a

license under this subchapter shall pay an initial licensing fee to

the department in the amount of $10,000 for each location where the

applicant intends to process hemp or manufacture a consumable hemp

product.

(b)

Before the department may renew a license as provided by

Section 443.104, a license holder shall pay a renewal fee to the

department in the amount of $10,000 for each location where the

applicant intends to process hemp or manufacture a consumable hemp

product.

SECTION 4. Section 443.104(b), Health and Safety Code, is

amended to read as follows:

(b) The department shall renew a license if the license

holder:

(1) is not ineligible to hold the license under

Section 443.102;

(2)
has not violated this chapter or a rule adopted

under this chapter;

(3)
submits to the department any license renewal fee;

and

(4)
[
(3)
] does not owe any outstanding fees to the

department.

SECTION 5. Subchapter C, Chapter 443, Health and Safety

Code, is amended by adding Section 443.106 to read as follows:

Sec.

443.106.

RESTRICTION ON MANUFACTURE OF CERTAIN

CONSUMABLE HEMP PRODUCTS. A license holder may not manufacture a

consumable hemp product that contains any amount of a cannabinoid

other than cannabidiol or cannabigerol.

SECTION 6. Section 443.151, Health and Safety Code, is

amended by amending Subsections (a), (b), and (d) and adding

Subsections (d-1) and (d-2) to read as follows:

(a) A consumable hemp product must be tested as provided

by[
:

[
(1)
] Subsections (b)
,
[
and
] (c)
, and
[
; or

[
(2) Subsection
] (d).

(b) Before a hemp plant is processed or otherwise used in

the manufacture of a consumable hemp product, a sample representing

the plant must be tested, as required by the executive

commissioner, to determine:

(1) the concentration
and identity
of
the
[
various
]

cannabinoids
in the plant
; and

(2) the presence or quantity of heavy metals,

pesticides,
microbial contamination,
and any other substance

prescribed by the department.

(d)
Before
[
Except as otherwise provided by Subsection (e),

before
] a consumable hemp product is sold at retail or otherwise

introduced into commerce in this state, a sample representing the

hemp product must be tested:

(1) by a laboratory that is
:

(A) located in this state;

(B)

registered with the United States Drug

Enforcement Administration; and

(C)
accredited by an accreditation body in

accordance with International Organization for Standardization

ISO/IEC 17025 or a comparable or successor standard to determine

the
identity and
[
delta-9 tetrahydrocannabinol
] concentration of

any cannabinoids contained in
the product; and

(2) by an appropriate laboratory to determine that the

product does not contain a substance described by Subsection
(b)(2)

[
(b)
] or (c) in a quantity prohibited for purposes of those

subsections.

(d-1)

The testing required under Subsection (d) must use

post-decarboxylation, high-performance liquid chromatography, or a

similar method that includes the conversion of

tetrahydrocannabolic acid into tetrahydrocannabinol to determine

the total tetrahydrocannabinol concentration in a tested product.

(d-2)

A person that tests a consumable hemp product under

Subsection (d) shall report the test results to the department in

the form and manner required by the department.

SECTION 7. Sections 443.152(a) and (c), Health and Safety

Code, are amended to read as follows:

(a) A consumable hemp product that
contains any amount of a

cannabinoid other than cannabidiol or cannabigerol
[
has a delta-9

tetrahydrocannabinol concentration of more than 0.3 percent
] may

not be sold at retail or otherwise introduced into commerce in this

state.

(c) A license holder shall make available to a seller of a

consumable hemp product processed or manufactured by the license

holder the results of testing required by Section 443.151. The

results may accompany a shipment to the seller or be made available

to the seller electronically. If the results are not able to be

made available, the seller may have the testing required under

Section 443.151 performed on the product and shall make the results

available to a consumer
and the department
.

SECTION 8. Sections 443.202(b) and (c), Health and Safety

Code, are amended to read as follows:

(b) Notwithstanding any other law, a person may not sell,

offer for sale, possess, distribute, or transport a cannabinoid

oil[
, including cannabidiol oil,
] in this state:

(1) if the oil contains any material extracted or

derived from the plant Cannabis sativa L., other than from hemp

produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII;

and

(2) unless a sample representing the oil has been

tested by a laboratory that is accredited by an independent

accreditation body in accordance with International Organization

for Standardization ISO/IEC 17025 or a comparable or successor

standard and found to
not contain any amount of a cannabinoid other

than cannabidiol or cannabigerol
[
have a delta-9

tetrahydrocannabinol concentration of not more than 0.3 percent
].

(c) The department [
and the Department of Public Safety
]

shall establish a process for the [
random
] testing of cannabinoid

oil[
, including cannabidiol oil,
] at various retail and other

establishments that sell, offer for sale, distribute, or use the

oil to ensure that the oil:

(1) does not contain harmful ingredients;

(2) is produced in compliance with 7 U.S.C. Chapter

38, Subchapter VII; and

(3)
does not contain any amount of a cannabinoid other

than cannabidiol or cannabigerol
[
has a delta-9

tetrahydrocannabinol concentration of not more than 0.3 percent
].

SECTION 9. The heading to Section 443.2025, Health and

Safety Code, is amended to read as follows:

Sec. 443.2025. REGISTRATION REQUIRED FOR RETAILERS OF

CERTAIN
CONSUMABLE HEMP
PRODUCTS.

SECTION 10. Section 443.2025, Health and Safety Code, is

amended by amending Subsections (b), (d), and (f) and adding

Subsection (h) to read as follows:

(b) A person may not sell consumable hemp products

containing
a cannabinoid
[
cannabidiol
] at retail in this state

unless the person registers with the department each location

owned, operated, or controlled by the person at which those

products are sold. A person is not required to register a location

associated with an employee [
or independent contractor
] described

by Subsection (d).

(d) A person is not required to register with the department

under Subsection (b) if the person is[
:

[
(1)
] an employee of a registrant[
; or

[
(2)

an independent contractor of a registrant who

sells the registrant's products at retail
].

(f)
The owner of a location at which consumable hemp

products are sold shall annually pay to the department a

registration fee in the amount of $20,000 for each location owned by

the person at which those products are sold
[
The department by rule

may adopt a registration fee schedule that establishes reasonable

fee amounts for the registration of:

[
(1)

a single location at which consumable hemp

products containing cannabidiol are sold; and

[
(2)

multiple locations at which consumable hemp

products containing cannabidiol are sold under a single

registration
].

(h)

A person may not sell consumable hemp products unless

the person has provided to the department written consent from the

person or the property owner, if the person is not the property

owner, allowing the department, the Department of Public Safety,

and any other state or local law enforcement agency to enter onto

all premises where consumable hemp products are sold to conduct a

physical inspection or to ensure compliance with this chapter and

rules adopted under this chapter.

SECTION 11. Subchapter E, Chapter 443, Health and Safety

Code, is amended by adding Section 443.2026 to read as follows:

Sec.

443.2026.

CONSUMABLE HEMP PRODUCT REGISTRATION. (a)

A consumable hemp product may not be offered for sale in this state

unless the manufacturer of the product, before selling the product

to a retailer:

(1)

submits an application for the consumable hemp

product to be registered with the department; and

(2)

receives approval that the product is compliant

with this chapter, registered, and approved for sale in this state.

(b)

The department shall issue a unique product

registration number to each consumable hemp product approved by the

department.

(c)

A manufacturer applying to register a consumable hemp

product under this section shall pay an application fee to the

department in the amount of $500 for each consumable hemp product.

(d)

The department shall maintain an updated product

registration list on the department's public Internet website,

which must include front and back identifying pictures of each

registered product.

(e)

Each consumable hemp product, including the container

and package, if applicable, must be labeled with:

(1) a QR code that links:

(A)

to the department's product registration

list under Subsection (d); and

(B)

to the identifying picture of the product

provided on registration of the product with the department under

Subsection (d) for the purpose of confirming registration of the

product and allowing verification of the product by law

enforcement; and

(2)

the following message placed adjacent to the

required QR code on the label: "SCAN QR CODE BEFORE PURCHASE".

(f)

The department may not approve for sale a consumable

hemp product that:

(1)

contains any artificial or synthetic

cannabinoids; or

(2)

contains or is mixed with any alcohol, tobacco,

nicotine, kratom, kava, mushrooms, or a derivative of any of those

items.

(g)

A person commits an offense if the person distributes,

delivers, sells, purchases, possesses, or uses a consumable hemp

product that is not registered with the department as provided by

this section.

(h) An offense under this section is a Class B misdemeanor.

(i)

A person is presumed to know a consumable hemp product

is prohibited under this chapter if the product is not listed on the

department's Internet website as required by Subsection (d) or does

not have a valid QR code under Subsection (e).

(j)

The executive commissioner shall adopt rules to

implement and administer this section.

SECTION 12. Section 443.203, Health and Safety Code, is

amended to read as follows:

Sec. 443.203. DECEPTIVE TRADE PRACTICE. (a) A person who

sells, offers for sale, or distributes a
consumable hemp product

[
cannabinoid oil, including cannabidiol oil,
] that the person

claims is processed or manufactured in compliance with this chapter

commits a false, misleading, or deceptive act or practice

actionable under Subchapter E, Chapter 17, Business & Commerce

Code, if the
product
[
oil
] is not processed or manufactured in

accordance with this chapter.

(b) A person who sells, offers for sale, or distributes a

consumable hemp product
[
cannabinoid oil
] commits a false,

misleading, or deceptive act or practice actionable under

Subchapter E, Chapter 17, Business & Commerce Code, if [
the oil
]:

(1)
the product
contains harmful ingredients;

(2)
the product
is not produced in compliance with 7

U.S.C. Chapter 38, Subchapter VII; [
or
]

(3)
the product contains any amount of a cannabinoid

other than cannabidiol or cannabigerol; or

(4)

the product's packaging or advertising indicates

that the product is for medical use
[
has a delta-9

tetrahydrocannabinol concentration of more than 0.3 percent
].

SECTION 13. 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
and cannabigerol
[
,
] are not considered controlled

substances or adulterants;

(2) products containing [
one or more
] hemp-derived

[
cannabinoids, such as
] cannabidiol
or cannabigerol
[
,
] 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 14. Sections 443.205(a) and (c), Health and Safety

Code, are amended to read as follows:

(a) Before a consumable hemp product that contains or is

marketed as containing [
more than trace amounts of
] cannabinoids

may be distributed or sold, the product must be
:

(1)
labeled in the manner provided by this
subchapter,

including
[
section with
] the following information:

(A)
[
(1)
] batch identification number;

(B)
[
(2)
] batch date;

(C)
[
(3)
] product name;

(D)
[
(4)
] a uniform resource locator (URL) that

provides or links to a certificate of analysis for the product or

each hemp-derived ingredient of the product;

(E)
[
(5)
] the name of the product's

manufacturer;

(F)

the amount of cannabidiol or cannabigerol in

each serving or unit of the product;
and

(G)
[
(6)
] a certification that
there is no

detectable amount of any cannabinoid other than cannabidiol or

cannabigerol in the product; and

(2)

prepackaged or placed at the time of sale in

packaging or a container that is:

(A) tamper-evident;

(B) child-resistant; and

(C)

if the product contains multiple servings or

consists of multiple products purchased in one transaction,

resealable in a manner that allows the child-resistant mechanism to

remain intact
[
the delta-9 tetrahydrocannabinol concentration of

the product or each hemp-derived ingredient of the product is not

more than 0.3 percent
].

(c) The label required by Subsection (a) must appear on
the

outer packaging of
each unit of the product intended for individual

retail sale. [
If that unit includes inner and outer packaging, the

label may appear on any of that packaging.
]

SECTION 15. Subchapter E, Chapter 443, Health and Safety

Code, is amended by adding Sections 443.2055 and 443.2056 to read as

follows:

Sec.

443.2055.

OFFENSE: MARKETING OF CONSUMABLE HEMP

PRODUCT OR PACKAGING IN MANNER ATTRACTIVE TO MINORS. (a)

A person

commits an offense if the person markets, advertises, sells, or

causes to be sold an edible consumable hemp product containing a

hemp-derived cannabinoid that:

(1)

is in the shape of a human, animal, fruit, or

cartoon or in another shape that is attractive to children; or

(2) is in packaging or a container that:

(A)

is in the shape of a human, animal, fruit, or

cartoon or in another shape that is attractive to children;

(B)

depicts an image of a human, animal, fruit,

or cartoon or another image that is attractive to children;

(C)

imitates or mimics trademarks or trade dress

of products that are or have been primarily marketed to minors;

(D)

includes a symbol that is primarily used to

market products to minors;

(E) includes an image of a celebrity; or

(F)

includes an image that resembles a food

product, including candy or juice.

(b)

In this section, a cartoon includes a depiction of an

object, person, animal, creature, or any similar caricature that:

(1)

uses comically exaggerated features and

attributes;

(2)

assigns human characteristics to animals, plants,

or other objects; or

(3)

has unnatural or extra-human abilities, such as

imperviousness to pain or injury, x-ray vision, tunneling at very

high speeds, or transformation.

(c) An offense under this section is a Class A misdemeanor.

Sec.

443.2056.

OFFENSE: MISLEADING CONSUMABLE HEMP

PACKAGING.

(a)

A person commits an offense if the person sells or

offers for sale a consumable hemp product that contains or is

marketed as containing hemp-derived cannabinoids in a package that

depicts any statement, artwork, or design that would likely mislead

a person to believe:

(1)

the package does not contain a hemp-derived

cannabinoid; or

(2)

the product is intended for medical use, including

by depicting a green cross.

(b) An offense under this section is a Class A misdemeanor.

SECTION 16. Section 443.206, Health and Safety Code, is

amended to read as follows:

Sec. 443.206. RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP

PRODUCTS. Retail sales of consumable hemp products processed or

manufactured outside of this state may be made in this state when

the products were processed or manufactured in another state or

jurisdiction
if the products:

(1) were manufactured or processed
in compliance with:

(A)
[
(1)
] that
state's
[
state
] or jurisdiction's

plan approved by the United States Department of Agriculture under

7 U.S.C. Section 1639p;

(B)
[
(2)
] a plan established under 7 U.S.C.

Section 1639q if that plan applies to the state or jurisdiction; or

(C)
[
(3)
] the laws of that state or jurisdiction

if the products are tested in accordance with, or in a manner

similar to, Section 443.151
;

(2)

do not contain any amount of a cannabinoid other

than cannabidiol or cannabigerol; and

(3)

are packaged and labeled in the manner provided by

this subchapter
.

SECTION 17. Chapter 443, Health and Safety Code, is amended

by adding Subchapters F and G to read as follows:

SUBCHAPTER F.

CRIMINAL OFFENSES

Sec.

443.251.

OFFENSE: MANUFACTURE, DELIVERY, OR

POSSESSION WITH INTENT TO DELIVER OF CERTAIN CONSUMABLE HEMP

PRODUCTS. (a) A person commits an offense if the person knowingly

manufactures, delivers, or possesses with intent to deliver a

consumable hemp product that contains any amount of a cannabinoid

other than cannabidiol or cannabigerol.

(b)

An offense under this section is a felony of the third

degree.

(c)

If conduct constituting an offense under this section

also constitutes an offense under another law, the actor may be

prosecuted under this section, the other law, or both.

Sec.

443.252.

OFFENSE: POSSESSION OF CERTAIN CONSUMABLE

HEMP PRODUCTS.

(a)

A person commits an offense if the person

knowingly or intentionally possesses a consumable hemp product that

contains any amount of a cannabinoid other than cannabidiol or

cannabigerol.

(b)

It is a defense to prosecution under this section that

the actor:

(1)

requested emergency medical assistance in

response to the person's own possible overdose or the possible

overdose of another person; and

(2)

if the person requested emergency medical

assistance for the possible overdose of another person:

(A)

remained on the scene until medical

assistance arrived; and

(B)

cooperated with medical assistance and law

enforcement personnel on the scene.

(c)

An offense under this section is a Class C misdemeanor,

except that if it is shown on the trial of the offense that at the

time of the offense the actor has been previously convicted of an

offense under this section two or more times, the offense is a

misdemeanor punishable by:

(1)

a fine of not less than $250 and not more than

$2,000;

(2)

confinement in jail for a term not to exceed 180

days; or

(3) both the fine and the confinement.

(d) The court shall order:

(1)

a person placed on deferred disposition for or

convicted of an offense under this section to:

(A) perform community service for:

(i)

not less than 8 or more than 12 hours if

the person has not been previously convicted of an offense under

this section; or

(ii)

not less than 20 or more than 40 hours

if the person has been previously convicted of an offense under this

section; and

(B)

successfully complete a substance misuse

education program under Section 521.374(a)(1), Transportation

Code, that is regulated by the Texas Department of Licensing and

Regulation under Chapter 171, Government Code; and

(2)

the Department of Public Safety to suspend the

driver's license or permit of a person convicted of an offense under

this section or, if the person does not have a driver's license or

permit, to deny the issuance of a driver's license or permit for:

(A)

30 days, if the person has not been

previously convicted of an offense under this section;

(B)

60 days, if the person has been previously

convicted once of an offense under this section; or

(C)

180 days, if the person has been previously

convicted twice or more of an offense under this section.

(e)

A driver's license suspension under Subsection (d)(2)

takes effect on the 11th day after the date the person is convicted.

(f)

A person who has been previously convicted of an offense

under this section two or more times is not eligible to receive

deferred disposition or deferred adjudication for an offense under

this section.

(g)

Community service ordered under Subsection (d) must be

related to education about or prevention of misuse of drugs if a

program or service providing that education or prevention is

available in the county in which the court is located.

If a program

or service providing that education or prevention is not available

in the county, the court may order community service appropriate

for rehabilitative purposes.

The education program under

Subsection (d)(1)(B) is in addition to community service ordered

under this section.

(h)

For the purpose of determining whether a person has been

previously convicted of an offense under this section:

(1)

an adjudication under Title 3, Family Code, that

the person engaged in conduct described by this section is

considered a conviction of an offense under this section; and

(2)

an order of deferred disposition for an offense

alleged under this section is considered a conviction of an offense

under this section.

(i)

If conduct constituting an offense under this section

also constitutes an offense under another law, the actor may be

prosecuted under this section, the other law, or both.

Sec.

443.253.

OFFENSE: SALE OR DISTRIBUTION OF CERTAIN

CONSUMABLE HEMP PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE;

PROOF OF AGE REQUIRED.

(a)

A person commits an offense if the

person, with criminal negligence, sells a consumable hemp product

that contains or is marketed as containing hemp-derived

cannabinoids to a person who is younger than 21 years of age.

(b)

An employee of the owner of a store in which consumable

hemp products that contain or are marketed as containing

hemp-derived cannabinoids are sold at retail is criminally

responsible and subject to prosecution for an offense under this

section that occurs in connection with a sale by the employee.

(c) An offense under this section is a Class A misdemeanor.

(d)

It is a defense to prosecution under Subsection (a) that

the person to whom the consumable hemp product was sold presented to

the defendant apparently valid proof of identification.

(e)

A proof of identification satisfies the requirements of

Subsection (d) if it contains a physical description and photograph

consistent with the person's appearance, purports to establish that

the person is 21 years of age or older, and was issued by a

governmental agency.

The proof of identification may include a

driver's license issued by this state or another state, a passport,

or an identification card issued by a state or the federal

government.

(f)

The owner of a store in which consumable hemp products

that contain or are marketed as containing hemp-derived

cannabinoids are sold, or an employee of the owner, may not display

consumable hemp products for sale adjacent to products that are

legal for children to consume.

Sec.

443.254.

OFFENSE: MANUFACTURE, DISTRIBUTION, OR SALE

OF CONSUMABLE HEMP PRODUCTS FOR SMOKING.

(a)

A person commits an

offense if the person manufactures, distributes, sells, or offers

for sale a consumable hemp product for smoking.

(b) An offense under this section is a Class B misdemeanor.

Sec.

443.255.

OFFENSE: SALE OR DELIVERY OF CERTAIN

CONSUMABLE HEMP PRODUCTS NEAR SCHOOL.

(a)

In this section,

"school" and "premises" have the meanings assigned by Section

481.134.

(b)

A person commits an offense if the person sells, offers

for sale, or delivers a consumable hemp product containing a

hemp-derived cannabinoid in, on, or within 1,000 feet of the

premises of a school.

(c) An offense under this section is a Class B misdemeanor.

Sec.

443.256.

OFFENSE: PROVISION OF CERTAIN CONSUMABLE HEMP

PRODUCT BY COURIER, DELIVERY, OR MAIL SERVICE.

(a)

A person

commits an offense if the person provides a consumable hemp product

containing a hemp-derived cannabinoid by courier, delivery, or mail

service.

(b) An offense under this section is a Class A misdemeanor.

Sec.

443.257.

OFFENSE: FALSE LABORATORY REPORT.

(a)

A

person commits an offense if the person, with the intent to deceive,

forges, falsifies, or alters the results of a laboratory test

authorized or required by this chapter.

(b)

An offense under this section is a felony of the third

degree.

Sec.

443.258.

OFFENSE: MANUFACTURING OR SELLING WITHOUT

LICENSE OR REGISTRATION. (a) A person commits an offense if the

person:

(1)

processes hemp or manufactures a consumable hemp

product without a license issued under Subchapter C; or

(2)

sells at retail or offers for sale at retail a

consumable hemp product without registering as a retailer under

Section 443.2025.

(b)

An offense under this section is a felony of the third

degree.

SUBCHAPTER G. ADMINISTRATIVE ENFORCEMENT

Sec.

443.301.

ENFORCEMENT BY DEPARTMENT. (a)

The

department shall receive and investigate complaints concerning

violations of this chapter by:

(1) a license holder under Subchapter C; or

(2) a registrant under Section 443.2025.

(b)

The department may revoke, suspend, or refuse to renew a

license or registration for a violation of this chapter or a rule

adopted under this chapter.

(c)

The department may impose an administrative penalty in

an amount not to exceed $10,000 against a license holder or

registrant for each violation of this chapter or a rule adopted

under this chapter.

(d)

A proceeding under this section is a contested case

under Chapter 2001, Government Code.

SECTION 18. The following provisions of the Health and

Safety Code are repealed:

(1) Section 443.151(e);

(2) Section 443.201; and

(3) Sections 443.202(a) and 443.2025(a) and (c).

SECTION 19. Not later than December 1, 2025, the executive

commissioner of the Health and Human Services Commission shall

adopt the rules required by Section 443.2026, Health and Safety

Code, as added by this Act.

SECTION 20. (a) Except as otherwise provided by Subsection

(b) of this section, the changes in law made by this Act apply to the

manufacture, sale, delivery, or possession of a consumable hemp

product that occurs on or after the effective date of this Act. The

manufacture, sale, delivery, or possession of a consumable hemp

product that occurs before the effective date of this Act is

governed by the law in effect on the date the manufacture, sale,

delivery, or possession occurred and the former law is continued in

effect for that purpose.

(b) A person selling consumable hemp products on the

effective date of this Act is not required to register a product

under Section 443.2026, Health and Safety Code, as added by this

Act, before January 1, 2026.

SECTION 21. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 3 passed the Senate on

March 19, 2025, by the following vote: Yeas 26, Nays 5; and that

the Senate concurred in House amendments on May 25, 2025, by the

following vote: Yeas 25, Nays 6.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 3 passed the House, with

amendments, on May 22, 2025, by the following vote: Yeas 87,

Nays 54, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor