Consumable Hemp Program

Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC).  All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances. A list of Schedule I controlled substances can be found at the following link: Schedule I Controlled Substances.

Complaints regarding controlled substances should be referred to law enforcement.  DSHS has no regulatory authority over controlled substances. 

The Texas Department of Agriculture (TDA) oversees the growing, harvesting, handling and transporting of hemp. To learn more, visit the TDA’s hemp regulations webpage.


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.


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


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Last updated October 15, 2021