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Texans for Responsible Marijuana Policy

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

    Representative Ken King's controversial House Bill 28 aims to significantly restrict the legal market for hemp products by banning edible and inhaleable hemp products (beverages remain legal). If passed, the bill would allow consumable hemp products to include only cannabidiol (CBD), cannabigerol (CBG), or THC Delta 9. The bill would also institute age restrictions for all consumable hemp products and require child-resistant packaging. Marketing and advertising would be limited as to not appeal to children and no products with any amount of any cannabinoid can be sold within 1,000 feet of a school. 


    We share concerns about youth access and potentially dangerous products sailing under the radar of regulators, but we oppose banning THC for responsible adult use. Such a ban would hand this multi-billion dollar industry over to the illicit market, abandoning all opportunity to enforce regulations.


    HB 28 is closely related to SB 3, which is a priority legislation for Lieutenant Governor Dan Patrick. 

    TAKE ACTION

    Rather than dismantling a thriving sector of the Texas economy, refining regulations would enhance safety while supporting Texas businesses and fostering innovation in hemp-derived cannabinoids.


    Contact your legislators in support of sensible regulations to keep THC products safe and legal for responsible adult use.

    Contact Your Representative

    House State Affairs Committee Hearing on HB 28 (4/7/25)

    Part I

    Part II

    Part III

    KVUE News Coverage on HB 28's House Hearing (April 7, 2025)

    State lawmakers on Monday laid out a proposal to ban nearly all edible THC products.

    Just before 2 a.m., a Texas House committee wrapped up public testimony on bills that would restrict consumable THC products.

    Rep. King's HB 28 is very similar to Sen. Perry's SB 3, which has a long, controversial history.

    Senate Bill 3

    Policy Overview: House Bill 28

    Consumable Hemp Product Restrictions

    • 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.

    Consumer Protection

    • Requires testing for microbial contamination and cannabinoid content.
    • 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."
    • 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. 

    Preventing Youth Access

    • 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. 

    Penalties and Enforcement

    • 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.  
    • 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. 

    Licensing Fees and Penalties

    • 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 WITHOUT warning or opportunity to correct mistakes.

    Legislative Resources

    Bill Details
    Current Bill Language (CSHB 28)

    Fiscal Note
    Committee Hearing Notice | Hearing Recap

    House State Affairs Witness List

    Public Comments

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