| 1 | 1 | | 88R20569 MP-F |
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| 2 | 2 | | By: Rosenthal, Cain, Bernal, Plesa, et al. H.B. No. 4918 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the processing, manufacture, and sale of hemp products |
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| 8 | 8 | | for smoking. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 122.301(b), Agriculture Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) A state agency may [not] authorize a person to |
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| 13 | 13 | | manufacture a product containing hemp for smoking. For the |
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| 14 | 14 | | purposes of this subsection, "smoking" means burning or igniting a |
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| 15 | 15 | | substance and inhaling the smoke or heating a substance and |
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| 16 | 16 | | inhaling the resulting vapor or aerosol [, as defined by Section |
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| 17 | 17 | | 443.001, Health and Safety Code]. |
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| 18 | 18 | | SECTION 2. Section 443.204, Health and Safety Code, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | Sec. 443.204. RULES RELATED TO SALE OF CONSUMABLE HEMP |
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| 21 | 21 | | PRODUCTS. Rules adopted by the executive commissioner regulating |
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| 22 | 22 | | the sale of consumable hemp products must to the extent allowable by |
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| 23 | 23 | | federal law reflect the following principles: |
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| 24 | 24 | | (1) hemp-derived cannabinoids, including cannabidiol, |
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| 25 | 25 | | are not considered controlled substances or adulterants; |
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| 26 | 26 | | (2) products containing one or more hemp-derived |
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| 27 | 27 | | cannabinoids, such as cannabidiol, intended for ingestion are |
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| 28 | 28 | | considered foods, not controlled substances or adulterated |
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| 29 | 29 | | products; and |
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| 30 | 30 | | (3) consumable hemp products must be packaged and |
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| 31 | 31 | | labeled in the manner provided by Section 443.205 [; and |
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| 32 | 32 | | [(4) the processing or manufacturing of a consumable |
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| 33 | 33 | | hemp product for smoking is prohibited]. |
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| 34 | 34 | | SECTION 3. Section 443.001(11), Health and Safety Code, is |
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| 35 | 35 | | repealed. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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