We’re halfway through Gov. Abbott’s second special session and, while SB 6 has passed the Senate, the THC ban bills seem stalled in the House. They’ve adjourned for the holiday weekend, with plans to return on Tuesday. This is good news for now (enjoy the holiday!), but we need to stay on our toes because the bills could gain traction quickly.

Yesterday, Rep. Briscoe Cain (R) has filed HB 309, a 175-page comprehensive hemp regulation bill that transfers regulatory authority from DSHS to TABC, creates a Texas Hemp Council, establishes new licensing requirements and fees, and sets out taxes and penalties for violations.

With only two weeks left in the special session, bills can move fast…and on short notice. HB 6/SB 6 (THC ban) and HB 36 (age gate) have been referred to the House Public Health Committee. Chairman VanDeaver could call a hearing on any of these bills next week. Stay ready!

Sept. 1: Cannabinoid Vape Sales Banned

On Sept. 1, SB 2024 goes into effect, increasing penalties and expanding prohibitions on the marketing and sales of e-cigarette products, including an outright ban on vape devices/products with any cannabinoids. Read more here.

The new law is likely to be challenged in court. Important Note: As enacted, this legislation does not criminalize the possession of vape devices as long as the cannabinoid product in the device is legal.

New TCUP Rules for DPS and DSHS

To implement HB 46, the Department of Public Safety (DPS) and the Department of State Health Services (DSHS) have proposed new rules to administer the Texas Compassionate Use Program (TCUP).

New DPS rules focus on future license application processes, security standards for satellite locations, and parameters for license revocation. They’ve been posted in the Texas Register and the department is accepting public comment on the proposed regulations. Click here to learn more.

New DSHS rules explain how physicians can request to add medical conditions to the list, set standards for pulmonary inhalation medical devices prescribed under the program, and establish a timeline for reviewing and approving such devices. Read more here and submit pubic comment.

All new rules must be adopted by Oct. 1, 2025.

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