What should a consumer know?
CBD is currently available as an FDA-approved prescription drug. DSHS does not regulate a person’s private possession or private use of any food, drug, cosmetic product, or medical device, and HB 1325 will not change those parameters. Questions regarding medicinal use of CHPs (including CBD) should be directed to a physician.
Can CHP’s be manufactured in Texas?
Yes. In accordance with HB 1325, Texas Health and Safety Code (HSC) Chapter 443, and HSC Chapter 431, Texas firms can manufacture CHPs such as food, drugs, cosmetics and devices containing “hemp or one or more hemp-derived cannabinoids, including cannabidiol.” The products must be properly tested, packaged and labeled per HSC 443 and 25 Texas Administrative Code 300. The firms must obtain the DSHS Consumable Hemp Product License before operation.
Products that contain hemp ingredients on the U.S. Food and Drug Administration’s Generally Recognized as Safe (GRAS) list – hulled hemp seeds, hemp seed protein, and hemp seed oil – are not considered CHPs in Texas. Manufacturers of such products must obtain the DSHS Food Manufacturer License.
What is a consumable Hemp product?
A consumable hemp product (CHP) includes food, drugs, devices, and cosmetics with hemp. It can include CBD gummies, lotions and oils, or other food or drink products that contain CBD or other hemp products.
CHP is defined in 25 TAC Rule 300.101:
Any product processed or manufactured for consumption that contains hemp, including food, a drug, a device, and a cosmetic, as those terms are defined by Texas Health and Safety Code, §431.002, but does not include any consumable hemp product containing a hemp seed, or hemp seed-derived ingredient being used in a manner that has been generally recognized as safe (GRAS) by the FDA.
CHPs with less than 0.3% Delta-9 tetrahydrocannabinol THC are permitted under Chapter 443 of the Texas Health & Safety Code.Manufacturers, sellers, and distributors of CHPs are required to register or obtain a license from the Texas Department of State Health & Human Services in order to operate in Texas.
