March 1, 2020

Texas DSHS Retailer Rules For Hemp Products

Are you a retailer in Texas with questions or concerns regarding the upcoming licensing for sellers of hemp derived CBD products? Here is the scoop.
House Bill 1325 (passed last year) directed hemp manufacturing and retailing be placed under the Texas Dept of State Health Services (DSHS). This decision makes sense because DSHS already oversees supplement and food manufacturing in our state. DSHS now had the task of creating regulations for hemp retailers and manufacturers based on HB1325. As of the date of this post (Mar 2020) these rules have not yet been finalized. However, draft rules can be found here.
There are several interesting developments regarding these PROPOSED rules. Nothing is written in stone yet, but we can use this as an overall guide on what the final rules will most likely look like. Rumors are that licensing will be out by mid April-May however we will wait and see.

– smokable hemp is not permitted to be grown or manufactured in Texas. DSHS has followed up on this by saying any hemp flower retailed must be labeled a consumable and not a smokable product. What that means for pre-rolls is a question for your attorney.
– a background check and fingerprints are required by the owner of the retail store. If the store owner has had a felony drug related charge in the last 10 years, they are not able to obtain a hemp license.

– GPS coordinates are required for each retail location.

– product label must contain QR codes with links to full panel lab testing (heavy metals, pesticides, and cannabinoid profile) as well as batch numbers
If you have questions regarding these rules, contact DSHS direct at the email address on their website.

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