88R20569 MP-F
By: Rosenthal, Cain, Bernal, Plesa, et al. H.B. No. 4918
A BILL TO BE ENTITLED
AN ACT
relating to the processing, manufacture, and sale of hemp products
for smoking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 122.301(b), Agriculture Code, is amended
to read as follows:
(b) A state agency may [not] authorize a person to
manufacture a product containing hemp for smoking. For the
purposes of this subsection, "smoking" means burning or igniting a
substance and inhaling the smoke or heating a substance and
inhaling the resulting vapor or aerosol [, as defined by Section
443.001, Health and Safety Code].
SECTION 2. 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,
are not considered controlled substances or adulterants;
(2) products containing one or more hemp-derived
cannabinoids, such as cannabidiol, 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 3. Section 443.001(11), Health and Safety Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2023.