Consumable Hemp Program
On Oct. 2, 2025, the Texas Department of State Health Services adopted emergency rules to prohibit Consumable Hemp Licensees and Retail Hemp Registrants from selling consumable hemp products to customers under the age of 21 and require a valid proof of government-issued identification prior to purchase. Businesses found in violation of the rules may have their Consumable Hemp License or Retail Hemp Registration permit revoked. The emergency rules can be found in the Texas Register at Rule §300.701 and Rule §300.702.
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 allows the distribution and retail sale of consumable hemp products for smoking. For more information, view the Frequently Asked Questions webpage.
Adopted Consumable Hemp Rule Text
The adopted Consumable Hemp Program rule text is now available to view here. This text will be published for adoption in the March 20, 2026, issue of the Texas Register. The rules will be effective March 31, 2026.
Public Hearing Notice
Texas Department of State Health Services (DSHS) Manufacture, Distribution, and Retail Sale of Consumable Hemp Products on Proposed Rule Pertaining to Hemp and Hemp-Derived Products
Time/Date
9 a.m. - 1 p.m. Jan. 9, 2026
Meeting Site:
Texas Health and Human Services Commission (HHSC)
John H. Winters Building
Public Hearing Room 125, First Floor
701 W. 51st Street
Austin, Texas 78751
To learn more about the public hearing, view the meeting agenda.
Rule Update: Manufacture, Distribution, and Retail Sale of Consumable Hemp Products on Proposed Rule Pertaining to Hemp and Hemp-Derived Products
DSHS has started the rulemaking process and the proposed rules are now available in the Texas Register (Volume 50, Number 52) for review and public comment. To learn more, visit the Texas Register's main webpage.
FDA alert regarding recall of all Diamond-Shruumz-brand products, including chocolate bars, cones, gummies
The U.S. Food and Drug Administration issued an alert on June 11, 2024 regarding its ongoing investigation of a series of illnesses and adverse reactions related to the consumption of Diamond Shruumz-brand chocolate bars, cones and gummies. On June 27, 2024, the manufacturer recalled all Diamond Shruumz-brand products because of possible health risk. These products should not be sold, consumed or served. To learn more, view the FDA alert.
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.
Age Verification
To download an age verification checklist for the sale, service or delivery of consumable hemp products, view the CHP Flyer.
Consumable Hemp Program Final Compliance Actions Trend and Analysis Reports
YEAR TO YEAR ANALYSIS AND TRENDS
FAQs
Contact
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.