Texas Cannabis History
Until 1973, Texas was known for having the harshest cannabis laws in the country, with possession of any amount considered a felony. 1973’s House Bill 447 significantly reduced those penalties.
In 2015, Senate Bill 339 – the Texas Compassionate Use Act – was signed into law, allowing the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy.
2019’s House Bill 1325 legalized the cultivation of industrial hemp, and the sale of hemp-derived CBD products without the need for a doctor’s approval. The list of qualifying conditions were also expanded that year with the passage of House Bill 3703. Also in 2019, HB 63, a decriminalization bill overwhelmingly passed the House but died in the Senate.
Texas Child-Resistant Packaging Rules
Every state that authorizes the sale of CBD products also mandates that the labels of CBD products be labeled in accordance with the Food, Drug and Cosmetic Act (“FDCA”). Under the FDCA, the labels of any product sold in the United States must contain four basic elements:
- (1) An identity statement, which indicates what the product is;
- (2) A net weight statement;
- (3) A list of all ingredients, which in states like New Mexico and Colorado, must clearly identify hemp and CBD. This requirement makes it difficult for companies that are steering clear from using the term “CBD” in an attempt to mitigate the risk of enforcement action.
- (4) The name and address of the manufacturer, packer or distributor along with their street address.
The following information must be present on CBD product labels:
- Scannable Bar Code or QR Code
- the batch identification number;
- the product name;
- the batch date;
- the expiration date, which in some states like Indiana, must be not more than two (2) years from the date of manufacture;
- the batch size;
- the total quantity produced;
- the ingredients used; and
- certificate of analysis.
- FDA Warning Statement
- No Medical or Health Claims
Additional standards are outlined in 1970’s Poison Prevention Packaging Act, which states that, “packaging must be designed or constructed to be significantly difficult for children under five years of age to open within a reasonable time, and not difficult for normal adults to use properly.”
Useful Links for Texas Cannabis Regulations
Texas Cannabis Growers Application
Texas’ DSHS is currently accepting applications online for consumable hemp product licenses and retailer registrations.
Editor's Note: Status as of 4/9/2021
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