House Bill 28: Rep. Ken King Aims to Limit Hemp Products

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• Consumable hemp products may only include CBD, CBG, and/or THC D9. No full spectrum products. No claims of medical use.
• "Synthesized cannabinoids" may not be manufactured in-state. 
• THC D9 cap of .3% or up to 10mg/serving.
• THC D9 cap of 10mg/package and a maximum of 10mg/transaction.
• Bans the manufacturing and sale of all edible CHPs, smokable hemp, and inhalable products.
• If a container contains multiple servings of a CHP, each serving must be individually packaged within the container. 
• All CHPs must be registered with DSHS before retail sales.
• Mail order shipments banned.
• Growing and selling flower subject to department rule.

• Requires testing for microbial contamination and cannabinoid content.
• Products must be registered with DSHS and the registration will be shared with DPS.
• Retailers must report to DSHS the type and concentration of each cannabinoid present in each consumable hemp product offered for sale in their store.  
• Product information must be disclosed on outer product label.
• Packaging and advertising cannot indicate that the product is for medical use.
• Packaging must contain a warning, "WARNING: Consumption of this product will result in a positive drug test."
• All required labels must appear on the outer packaging of each unit intended for individual sale. 
• Licensed manufacturers must use current good manufacturing practices, as defined by executive commissioner rule.
• Consumable hemp products sold in the state must be tested by an in-state, ISO lab to determine the identify and concentration of any cannabinoids contained in the product . 
• Falsifying lab reports would be a third degree felony. 

• Property owner must consent to searches by DPS/local law enforcement.
• It would be a third degree felony to forge, falsify, or alter lab results.
• It would be a third degree felony to manufacture or sell hemp products with more than .3% THC D9 or 10mg concentration. 
• It would be a Class A Misdemeanor manufacture and sell edible CHPs.
• It would be a Class A misdemeanor offense to possess hemp products with more than .3% THC D9 or 10mg concentration. If this offense constitutes an offense under another law, the actor may be prosecuted under this section, the other section, or both.
• It would be a Class A misdemeanor offense to manufacture or sell smokable hemp products.
• It would be a Class A misdemeanor offense to ship or mail a consumable hemp product with any amount of any cannabinoid.
• Instructs DSHS to establish a plan to transfer regulatory authority to TABC.
• New hemp laws would go into effect on September 1, 2025. 

• A person must be 21+ to purchase any product that contains any cannabinoids. 
• Consumable hemp products must be displayed away from products that are legal for children to consume. They can be displayed alone or with tobacco or alcohol. 
• No products with any amount of any cannabinoid can be sold within 1,000 feet of a school. 
• Packaging must be tamper-evident, child-resistant, and if the product contains multiple servings or consists of multiple products purchased in one transaction, resealable in a manner that allows child-resistant mechanism to remain intact.
• Restricts edible consumable hemp product manufacturing, packaging, marketing, and advertising to avoid appealing to children. 

• License fee for manufacturing/processing: $5,000, $2,500/location/year 
• License fee for retail per location: $2,000/location/year 
• Administrative penalties for businesses can be up to $20,000 per violation of the law or department regulations.

Bill Details

Committee Hearing Notice