Hemp Program

Background

On June 10, 2019, Governor Greg Abbott signed House Bill 1325 into law, to allow for the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas. This includes products for human consumption that may contain cannabidiol, also known as CBD, as well as certain other parts of the hemp plant.

The department’s intent through the program implementation process has been to provide clarity for future license and registration holders, as well as adequate safeguards for consumers of Consumable Hemp Products. Both the industry and consumers will be served through Good Manufacturing Processes (GMP’s). Consumers will be served through industry compliance with testing, labeling, recordkeeping and other applicable requirements.

With significant public input, DSHS has developed rules to implement H.B. 1325. More than 1700 comments were received during the formal rule comment period. DSHS filed the rules in the Texas Register for adoption on July 13, 2020, which allows DSHS to begin fully implementing the program. Rules are effective as of August 2, 2020.


License/Registration Applications

DSHS will be using an online process for both licensing of consumable hemp manufacturers and distributors and registration of retail sellers of consumable hemp products containing CBD. An online application can be started by going to Business and Professional Licenses. Applicants can use this helpful checklist to account for and submit all items required for the application.  

CONSUMABLE HEMP PRODUCT LICENSE applicants are required to submit fingerprints for a background check.  The steps are:

  • Start the fingerprint submission process AFTER you submit your DSHS application for the Consumable Hemp Product License
  • The Texas Fingerprint Service Code Form will be emailed to you.
  • Print and fill out the FBI Authorization Form. Please e-mail this form to hemplicensing@dshs.texas.gov or attach it to your online DSHS Consumable Hemp Product License application (see box below for link to form)
  • Schedule your fingerprint appointment
    • To schedule an appointment online, go to https://uenroll.identogo.com  
    • Select Schedule Appointment
    • Follow the prompts to enter requested information
    • Select a location nearest to you and a convenient date and time

    • To schedule an appointment by phone call 1-888-467-2080
    • You must have the Texas Fingerprint Service Code BEFORE calling
    • You will be prompted for the Service Code 
    • You will be asked for demographic information
    • Select a location nearest to you for your appointment 

  • Your Fingerprint Appointment
    • You will need a photo ID and fee payment. DSHS does not determine the cost of fingerprinting services. You may be given pricing information after you set up your appointment
    • PLEASE NOTE: PERSONAL CHECKS AND CASH WILL NOT BE ACCEPTED
    • Your fingerprints will be submitted electronically to DPS and the FBI.
    • You will be given a receipt stating you were fingerprinted.
    • DO NOT THROW AWAY THE RECEIPT – you can use it to check the status of your submission
Forms
FBI Authorization Form
PDF All Consumable Hemp Product license applicants will be required to undergo an FBI fingerprint criminal history check. 
Template Letter Hemp Property OwnerPDF 

 

Hemp Retail Registration applicants WILL NOT be required to undergo an FBI fingerprint criminal history check.

Retailers will be able to submit applications online and will need to print their registration upon payment.


Contact

Please visit this web page over the next few weeks to receive important updates about the consumable hemp products licensing and retail registration process. For additional information, please contact the DSHS Hemp Program via e-mail.


Frequently Asked Questions



What is a consumable hemp product?

A consumable hemp product is a food, drug, device, or cosmetic that contains industrial hemp or hemp-derived cannabinoids, including cannabidiol (CBD). These products may not contain more than 0.3 percent concentration of tetrahydrocannabinol (THC). 


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What is DSHS required to do under HB 1325?

HB 1325 requires DSHS to:

  • Establish a manufacturing licensure program for consumable hemp products.
  • Create a registration process for retailers selling consumable hemp products containing CBD.
  • Work with DPS on random testing for consumable hemp products containing CBD sold at retail.


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What is DSHS' role?

DSHS has oversight of food, drug, cosmetics and medical device manufacturers, distributors and retailers, including those that may use or market hemp or cannabidiol (CBD) as an ingredient in those products. Local jurisdictions may also regulate retail sales of food, drugs, cosmetics and medical devices, but may not prohibit the sale of consumable hemp products.

DSHS does not regulate an individual's private possession or private use of any food, drug, cosmetic product or dietary supplement. Neither does DSHS administer the Texas Compassionate Use Act.


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Can I manufacture consumable hemp products?

Yes.  In accordance with H.B. 1325, Texas Health and Safety Code Chapter 443, and Texas Health and Safety Code Chapter 431, Texas firms can manufacture consumable hemp products—i.e. 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 TAC 300.  The firms must obtain the DSHS Consumable Hemp Product License prior to operation. 

Products that contain hemp ingredients on FDA’s Generally Recognized as Safe (GRAS) list—hulled hemp seeds, hemp seed protein, and hemp seed oil--are not considered Consumable Hemp Products in Texas.  Manufacturers of such products must obtain the DSHS Food Manufacturer License.   


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Can I sell consumable hemp products at retail now?

Yes, Section 11 of HB 1325 allows for existing retailers to possess, transport or sell consumable hemp products that become part of the retailers' inventory prior to the effective date of DSHS rules resulting from HB 1325. The retailer must be licensed as currently required by law. Retailers selling consumable hemp products must ensure the product is safe for consumption by being free of heavy metals, pesticides, harmful microorganisms, and residual solvents. Additionally, consumable hemp products sold must not contain more than 0.3 percent THC. Products that are being manufactured or handled in a manner that creates a health hazard for people who may use it may also be detained.  

During routine inspection or complaint investigations, DSHS, within its statutory authority, may 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 and/or curing a health or medical condition.  

Note: HB 1325 contains limitations regarding retail sales of out-of-state consumable hemp products. The out-of-state consumable hemp products must be processed or manufactured in compliance with:

  1. that state or jurisdiction's plan approved by the USDA;
  2. in the absence of a state submitted plan, a plan established by the USDA; or,
  3. 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.

Existing retailers selling consumable hemp products containing CBD and new retailers wishing to sell these products will be required to register with DSHS. A person is not required to register a location to sell a consumable hemp product containing cannabidiol at retail in this state before the 60th day after the date the Department of State Health Services begins issuing registrations.


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What is the federal status of CBD?

Currently, CBD is approved by the Food and Drug Administration (FDA) as a prescription drug. Per federal law, prescription drugs cannot be added to foods, cosmetics, or dietary supplements. 

Because the FDA also has authority to oversee food, cosmetics and dietary supplements, the FDA may take actions on its own relating to the ingredients in foods, drugs, cosmetics and dietary supplements.


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What should a consumer know?

CBD is currently available as an FDA-approved prescription drug. DSHS does not regulate an individual'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 consumable hemp products (including CBD) should be directed to a physician.


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Where can I inquire or send comments and questions about consumable hemp products and farming hemp?


Consumable Hemp Products

DSHS
DSHSHempProgram@dshs.texas.gov

Farming Hemp

Texas Department of Agriculture (TDA)
TDA Hemp Regulations  
TDAHempProgram@TexasAgriculture.gov


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Last updated August 3, 2020