To sell CHPs in Texas, retailers must complete the DSHS Hemp Retail Registration. Retailers must ensure the product is safe for consumption by being free of heavy metals, pesticides, harmful microorganisms, and residual solvents. Additionally, CHPs sold must not contain more than 0.3 percent of Delta-9 tetrahydrocannabinol (THC). Products that are being manufactured or handled in a manner that creates a health hazard for people who may use them can be detained.
During routine inspection or complaint investigations, DSHS, within its statutory authority, can detain products, including dietary supplements, that are labeled as or contain hemp, including CBD, and that make unproven health claims such as preventing, diagnosing, treating or curing a health or medical condition.
- Note: HB 1325 contains limitations regarding retail sales of out-of-state CHPs. The out-of-state CHPs must be processed or manufactured in compliance with one of the following:
- That state or jurisdiction’s plan approved by the United States Department of Agriculture (USDA).
- In absence of a state-submitted plan, a plan established by the USDA.
- The laws of that state or jurisdiction if the products are tested in compliance with, or similar to, those set out in Section 443.151 of HB 1325.