Consumable Hemp Program
On June 24, 2022, the Texas Supreme Court upheld the Texas statute that prohibits the “processing or manufacturing of a consumable hemp product for smoking” (Health and Safety Code, Section 443.204(4)) in Texas. At the same time, the lower court’s injunction remains, which in effect allows the distribution and retail sale of consumable hemp products for smoking. Please see the Frequently Asked Questions webpage for more information about consumable hemp products for smoking, in Texas.
Proposed Rule Amendment
The proposed rule amendment of 25 TAC 300.104 has been posted for formal comment in the March 17, 2023 issue of the Texas Register. The amendment removes “distribution” and “retail sale” from the list of prohibited activities regarding consumable hemp products for smoking. You can view the proposed amendment at Proposed Rules Title 25 (state.tx.us). Formal comments about this rule amendment will be accepted by DSHS through April 17, 2023. Please email your comments to DSHSHempProgram@dshs.texas.gov.
Licensing and Registration
DSHS uses an online process to license consumable hemp manufacturers and distributors and register retail sellers of CHPs.
Please see criteria below to determine whether you need to obtain a DSHS Retail Hemp Registration or a Consumable Hemp Product License.
The DSHS Retail Hemp Registration is required if a seller:
- Retail sells CHPs and doesn’t make any changes, which includes adding a company name, to the hemp product or its packaging.
- Retail sells CHPs online (not through a storefront location) and doesn’t make any changes, which includes adding a company name, to the hemp product or its packaging.
Registration applicants are not required to undergo a Federal Bureau of Investigation fingerprint criminal background check.
To view requirements and instructions on this process, view the DSHS Retail Hemp Registration Guide (PDF). Please view this document before starting the registration process.
To complete the DSHS Retail Hemp Registration process, visit the DSHS Business and Professional Licenses webpage.
A DSHS Consumable Hemp Product License is required if:
- CHPs are manufactured. Manufacturing includes the following activities: preparing, compounding, processing, packaging, repackaging, labeling and relabeling.
- The retailer white labels or private labels the CHPs, which is when a business places its own label (name and address) on a product physically manufactured by another business.
- The retailer repackages CHPs, labels a container of CHPs, or relabels a container of CHPs.
- CHPs are sold in wholesale.
For a list of requirements and guidance on this process, view the DSHS Consumable Hemp Product License Process webpage. Please view this information before starting the licensing process.
To complete the DSHS Consumable Hemp Product License process, visit the DSHS Business and Professional Licenses webpage.
Consumable Hemp Products
A CHP is defined as any product processed or manufactured for consumption that contains hemp, including food, a drug, a device and a cosmetic. It does not include any consumable hemp product containing a hemp seed, or hemp seed-derived ingredient used in a manner generally recognized as safe by the U.S. Food and Drug Administration. CHPs cannot contain more than 0.3 percent concentration of Delta-9 tetrahydrocannabinol (THC).
Some examples of CHPs are:
- Cannabidiol (CBD) oil.
- CBD gummy bears.
- Food and drinks infused with CBD.
- Over-the-counter drugs containing CBD.
- Topical lotions and cosmetics that contain CBD.
To learn more, visit the Texas Administrative Code CHP Definitions webpage.
Rules and Regulations
To view the law, visit the Texas Health and Safety Code webpage.
To view the rules, visit the Texas Administrative Code webpage.
To learn more and for questions, email the DSHS Hemp Program.
For questions about the CHP licensing or retail hemp registration processes, email the Hemp Licensing and Registration Program.