Texas Bans the Manufacture and Sale of Smokable Hemp Products

Steptoe & Johnson PLLC
The State of Texas officially banned the manufacture and sale of smokable hemp products and hemp vapor cartridges. Effective August 2, 2020, the Texas Department of State Health Services (the “DSHS”) issued a final rule prohibiting “(t)he [in-state] manufacture, processing, distribution, or retail sale of consumable hemp products for smoking” (the “Final Rule”).
Notably, while DSHS banned the in-state manufacture and sale of pre-rolled smokable hemp products and hemp vapor cartridges, the Final Rule does not ban the retail sale of raw hemp flower: “(p)roperly tested and labeled hemp flower, marketed for use other than smoking (e.g. as a tea or a food additive) does not fall under the retail ban contained in the [Final Rule].”

Thus, Texans may still engage in the retail sale of raw hemp flower, so long as the flower is not intended for consumption through combustion or a similar manner.
The Final Rule is a result of the landmark Texas hemp law signed by Governor Greg Abbott last summer, which provided for the production, manufacture, and retail sale of hemp crops and hemp products throughout the Lone Star State. Besides smokable hemp products and vapor cartridges, all other hemp products remain largely unaffected by the Final Rule.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steptoe & Johnson PLLC | Attorney Advertising

Written by:

Steptoe & Johnson PLLC

Steptoe & Johnson PLLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.