The State of Texas allows the sale of qualifying Consumable Hemp Products (CHP). This includes hemp derived products made from the leaves, flowers and stalk of a hemp and non-hemp cannabis plant, and hemp seed derived products, e.g. hulled hemp seed, hemp seed protein power and hemp seed oil, which are only made from the hemp seed. Hemp seed derived products do not naturally contain CBD or Δ9 THC (the psychoactive cannabinoid found in cannabis plant), and are generally recognized as safe by the FDA.
Qualifying products cannot contain more than .3 percent Δ9 THC concentration by dry weight. See 25 Tex. Admin. Code § 300.101 (1) Special considerations exist for smokable hemp derived products. Smokable hemp products cannot be manufactured in the State of Texas, see Tex. Health & Safety Code § 443.204 (4). However, smokable hemp products manufactured out of state can be lawfully sold in Texas, see Tex. Dep’t of St. Health Serv. v. Crown Distributing LLC, 647 S.W.3d 648 (Tex. 2022) which enjoined enforcement of 25 Tex. Admin. Code § 300.104. Finally, smokable hemp products cannot be in a vapable format. Sale of vape pen cartridges containing any ingredients derived from hemp or hemp seed is prohibited. See, Tex. Health & Safety Code § 161.0876 (b)(4).
Sale of Δ8 THC for concentrations .3 percent or lower remains legal for now but could change subject to a decision from the Texas Supreme Court, which is expected to come sometime in 2026. See Tex. Dep’t of St. Health Serv. v. Sky Mktg. Corp., 711 S.W.3d 227 (Tex. App.–Austin 2023, pet. pending)
Sale of marijuana and its derivatives is still illegal in Texas, see Tex. Health & Safety Code §§ 481.002 (26), .120, .121, and .122.
The State of Texas requires manufacturers and retailers of Consumable Hemp Products (CHP) to obtain appropriate authorization from the Texas Department of State Health Services (DSHS) for the manufacture or sale of any hemp derived products. Hemp seed derived products on the other hand are exempt from registration. See 25 Tex. Admin. Code § 300.101 (8).
Retail Hemp Registration is required for retail sale of any CHP, which includes food, beverages, cosmetics and drugs. Id. Examples include seltzers, edibles, lotions. If you can eat, drink it, or put it in or on your body, registration is generally required. The fee is $ 155.
If the CHP product is “manufactured” under the definition of DSHS rules, a Hemp Product License will be required. DSHS definition of manufacturing is much broader than the commonly understood meaning of manufacture, i.e. “making”, and includes activities such as preparing, compounding, processing, packaging, repackaging, labeling and relabeling. See 25 Tex. Admin. Code § 300.101 (20). The fee is $258 and requires fingerprinting, property owner consent, and geocode of address of premises, see 25 Tex. Admin. Code § 300.201. Relatedly, manufactured CHP are subject to testing and labeling requirements. See, i.e. Tex. Health and Safety Code §§ 443.151 and .205.
Communication via this website does not establish an attorney-client relationship. We cannot, therefore, agree to maintain the confidentiality of communications sent via this website. Do not send any information about a legal problem, as our professional obligations require us to determine whether there are any actual or potential conflicts with existing or former clients before accepting an engagement from a new client.
