Bloom & Barrel

Texas

Hemp-derived THC beverage regulation

Texas

2018 Farm Bill
Beverage Status 2018 Farm Bill
Cannabis Regulation Medical
Retail Outside Dispensary? Yes.
Section 01

General Regulation

Hemp Derived THC Beverage Status 2018 Farm Bill
Cannabis Regulation Medical
Retail Outside Dispensary System? Yes.
Hemp Beverages Specifically Regulated? Yes.
Serving / Potency / Dosage / THC Type Limit

Adopted the Farm Bill threshold of 0.3% THC by dry weight.

DTC from Out-of-State Yes.
Licensing

Retailers are required to hold a registration ($5,000 fee), in-state manufacturers must hold a consumable hemp license ($10,000). A wholesaler must be a registered wholesaler with the state under Texas HSC Chapter 431 before engaging in the distribution of consumable hemp products. Out of state brands aren't required to obtain any licenses or permits, but the labeling is different than any other state.

Section 02

Labeling & Packaging Requirements

State Has Labeling Rules? Yes.
State Has Packaging Rules? Yes.
Label / Product Registration

N

Symbol Required? No
Symbol Detail
Best By / Expiration / Use By

None specified.

Labeling Description

Before a consumable hemp product that contains or is marketed as containing more than trace amounts of cannabinoids may be distributed or sold, the product must be labeled in the manner provided by this section with the following information:

(1) batch number; (2) batch date; (3) product name; (4) name of the product's manufacturer or processor; (5) telephone number and email address of manufacturer or processor; (6) a uniform resource locator (URL) that provides or links to a certificate of analysis (COA) for the product or each hemp-derived ingredient of the product, including the amount of cannabinoid in each serving or unit of the product, the amount of total THC, and total delta-9 THC. The URL must: (A) be conspicuously marked; and (B) directly link to a webpage where the required COA may be found in three or fewer steps; and (7) recommended serving size in milligrams and servings per container.

Warning Statement

Yes, as of March 31. The following statements are required:

Keep out of reach of children; product may contain tetrahydrocannabinol (THC) and can cause a user to fail a drug test; all THCs have psychoactive properties; pregnant or nursing women should consult a healthcare provider before use; and this product has not been evaluated by the FDA.

Packaging Description

Tamper-evident and child-resistant for all products. No guidance yet on whether aluminum can lids qualify here. For multi-serving, the product must be resealable in a manner that keeps the child-resistant mechanism intact. The state has yet to provide guidance on what types of tops are approved.

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