Texas Hemp Regulations

1. Current enforcement and litigation status

DSHS rules effective March 31, 2026

The Texas Department of State Health Services (DSHS) adopted amendments and new provisions in Title 25, Chapter 300 of the Texas Administrative Code, effective March 31, 2026. These rules include the current licensing fees, total delta-9 THC testing standard, packaging requirements, expanded records requirements, and restrictions on sales to people under 21.

THBC and other plaintiffs are challenging provisions of these rules. As of the review date above, the challenged rules remain enforceable. The lawsuit does not currently give businesses permission to disregard the challenged requirements. DSHS also states that annual fees have been restored to $10,000 per licensed consumable-hemp facility and $5,000 per retail location, plus applicable online fees.

The Fifteenth Court of Appeals has scheduled oral argument for December 8, 2026, at 9:30 a.m. The argument concerns the State’s appeal of the temporary injunction and the refusal to dismiss certain claims. Scheduling the argument and filing an amicus brief do not restore the injunction or establish a date for a decision.

Sources: DSHS current program notices; adopted March 2026 rule text; THBC’s current lawsuit update; court’s oral-argument notice.

Separate restrictions that also apply

The litigation concerning the March DSHS rules is separate from the legal developments concerning delta-8 THC, the prohibition on manufacturing smokable hemp in Texas, and the prohibition on selling cannabinoid e-cigarette products. Those requirements are addressed in their own sections below.

An older court decision permitting distribution and retail sale of compliant out-of-state smokable hemp does not authorize noncompliant high-THCA flower, products containing prohibited tetrahydrocannabinols, or cannabinoid e-cigarette products prohibited by a separate statute.

Sources: DSHS program notices; DSHS frequently asked questions; Comptroller’s e-cigarette guidance.

2. Agencies, governing laws, and covered products

Texas Department of State Health Services

DSHS administers the consumable hemp program. The main authorities are Texas Health and Safety Code Chapter 443, covering the manufacture, distribution, and sale of consumable hemp products, and Title 25, Texas Administrative Code Chapter 300, which implements that chapter.

Texas Health and Safety Code Chapter 431, the Texas Food, Drug, and Cosmetic Act, also applies. A hemp license does not remove requirements concerning adulteration, misbranding, sanitation, product safety, or other applicable product-specific regulation.

Texas Department of Agriculture

The Texas Department of Agriculture (TDA) regulates agricultural hemp production, handling, crop sampling, crop testing, certain transport of plant material, seed, and nonconsumable hemp processing. Its main authorities are Texas Agriculture Code Chapters 121 and 122 and Title 4, Texas Administrative Code Chapter 24.

Texas Alcoholic Beverage Commission

The Texas Alcoholic Beverage Commission (TABC) imposes additional hemp requirements on businesses that hold a TABC license or permit. Its current hemp rules are in Title 16, Texas Administrative Code Sections 35.5, 35.6, and 35.7. TABC also coordinates with DSHS on enforcement of consumable hemp requirements.

Texas Comptroller and controlled-substance authorities

The Texas Comptroller administers relevant e-cigarette retail enforcement requirements. The cannabinoid e-cigarette prohibition appears in Texas Health and Safety Code Section 161.0876. Controlled-substance restrictions arise under Texas Health and Safety Code Chapter 481 and the Texas Schedules of Controlled Substances, including the scheduling notice effective July 31, 2026.

What counts as a consumable hemp product?

Chapter 443 defines a consumable hemp product as a food, drug, device, or cosmetic that contains hemp or one or more hemp-derived cannabinoids, including cannabidiol (CBD). The category includes products such as cannabinoid beverages, gummies, tinctures, and topical products when they meet the applicable definitions. A product does not escape regulation simply because it is nonintoxicating or marketed as CBD-only.

The DSHS rules exclude hemp-seed or hemp-seed-derived ingredients that the Food and Drug Administration (FDA) has designated as Generally Recognized as Safe. DSHS identifies hulled hemp seeds, hemp seed protein, and hemp seed oil as examples. These ingredients are different from added cannabinoid extracts. Products using only qualifying hemp-seed ingredients remain subject to the ordinary laws for their product category.

The rules also identify exclusions for FDA-approved products and low-THC cannabis regulated under Health and Safety Code Chapter 487. An exclusion from the consumable hemp program does not create an exclusion from all other regulation.

Authorities: Health and Safety Code §§443.001–443.002; 25 TAC §§300.100–300.102, 300.302(a), 300.501(a). Sources: Chapter 443; DSHS adopted rules; DSHS FAQs; TDA program; TABC hemp requirements.

3. Hemp, THC, THCA, and controlled-substance restrictions

Statutory definition of hemp

Texas Agriculture Code Section 121.001 defines hemp as Cannabis sativa L. and any part of the plant, including seeds and derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Health and Safety Code Chapter 443 incorporates that definition.

The statutory definition must be read together with the current DSHS testing rules and controlled-substance restrictions. A supplier’s statement that a product is “hemp-derived” does not, by itself, establish that a product may be sold in Texas.

DSHS’s current total delta-9 THC standard

Under the March 2026 rules, compliance testing accounts for tetrahydrocannabinolic acid (THCA), which can convert to delta-9 THC through decarboxylation. The rules define total delta-9 THC using post-decarboxylation testing or an equivalent calculation:

Total delta-9 THC = (0.877 × THCA) + delta-9 THC.

The values must use consistent units and the required dry weight basis. Laboratories may measure the post-decarboxylation value using a method that converts THCA, or calculate it from a method that measures THCA separately.

The rules separately define total THC to account for the potential total content from THC isomers and THCA. That is not the same reporting category as total delta-9 THC. The rules require reporting of delta-9 THC, total delta-9 THC, and total THC; those terms should not be used interchangeably.

A product that reports low delta-9 THC but substantial THCA cannot be evaluated solely by the delta-9 THC column on its certificate of analysis. The current DSHS compliance standard includes the THCA contribution. THBC’s challenge to that standard is ongoing, but the standard remains enforceable as of this page’s review date.

Authorities: 25 TAC §§300.101(1), (20), (44)–(45), 300.301–300.303. Sources: adopted rules; current litigation update.

Measurement uncertainty

The rules define an acceptable hemp THC level by reference to the accredited laboratory’s measurement uncertainty. A reported total delta-9 THC result must produce a range that includes a result of 0.3 percent or less on a dry weight basis.

For example, the rule describes a reported result of 0.35 percent with measurement uncertainty of ±0.06 percent. The resulting range is 0.29–0.41 percent and includes 0.3 percent. This laboratory uncertainty provision is not a general permission to add THC above the statutory limit or to bypass other product requirements.

Authorities: 25 TAC §§300.101(1), (25), 300.302. Source: adopted rules.

Delta-8 THC and other scheduled tetrahydrocannabinols

DSHS reinstated clarifications to the controlled-substance schedule effective July 31, 2026, following the Texas Supreme Court’s decision in Texas Department of State Health Services v. Sky Marketing Corp.

The reinstated tetrahydrocannabinols entry covers tetrahydrocannabinols naturally contained in cannabis, with an exception for up to 0.3 percent delta-9 THC in hemp, as well as specified synthetic equivalents, derivatives, and isomers with similar chemical structure and pharmacological activity. The reinstated marihuana-extract entry also contains a separate provision concerning separated resin, whether crude or purified.

DSHS’s current notice states that only trace amounts of delta-8 THC naturally produced by the hemp plant from which the consumable product was manufactured are permissible. Products labeled to contain delta-8 THC or shown to contain more than trace amounts of tetrahydrocannabinols, including delta-8 THC, may be detained and referred to law enforcement.

The agency notice does not provide a universal numerical “trace” threshold that businesses can apply to every cannabinoid and product. A claim such as “non-detect,” a new cannabinoid name, or a delta-9 result below 0.3 percent is not a substitute for evaluating the product against the applicable schedule. Whether another compound is covered depends on the actual substance and the legal entry, rather than its marketing name alone.

Sources: July 2026 scheduling notice; DSHS current enforcement notice; Texas Supreme Court opinion.

4. Manufacturing, processing, distribution, and retail authorization

Manufacturing and processing

A person must obtain a DSHS consumable hemp products license before manufacturing or processing consumable hemp products in Texas. Each manufacturing or processing facility requires its own application and license.

The rules define manufacturing broadly. It includes making, mixing, extracting, processing, packaging, repackaging, synthesizing, preparing, treating, modifying, or manipulating hemp or ingredients to create a consumable hemp product. It also includes private labeling. DSHS’s examples include repackaging bulk hemp into smaller packages, relabeling CBD oil, placing a business’s own label on cannabinoid gummies, and adding CBD oil to food.

Private labeling occurs when a business places its own name and address on a consumable hemp product and represents itself as responsible for the product’s purity and labeling. A business should not assume it is only a retailer because a separate company physically produced the product.

The manufacturing definition excludes ordinary growing, harvesting, packing, and holding of raw agricultural hemp by farmers and farm mixed-type facilities. Agricultural hemp activities are addressed separately under TDA’s program.

Authorities: Health and Safety Code §§443.001, 443.101; 25 TAC §§300.101(12), (24), (31)–(33), 300.201. Sources: Chapter 443; adopted rules; DSHS FAQs.

Distribution and warehousing

A business distributing consumable hemp products for resale must hold the appropriate wholesaler authorization under Health and Safety Code Chapter 431. Chapter 300 defines a distributor as a person distributing products for resale through its own retail outlet or by selling to another retailer.

The appropriate authorization depends on the commodity and activities. DSHS identifies food wholesaler licensing for hemp foods, nonprescription drug distributor licensing for hemp drug products, and device distributor licensing for hemp medical devices. Its guidance also identifies food warehouse licensing or food wholesaler registration where applicable, and an OTC Multiple Products Distributor license for certain hemp-commodity operations.

A consumable hemp manufacturer may distribute products it manufactured. The Chapter 300 definition states that manufacturers may only distribute products they manufactured. Reselling other manufacturers’ products wholesale requires consideration of the separate wholesaler requirements.

A Chapter 443 license holder operating within the scope of that license is not required to obtain an additional food manufacturer or food wholesaler license under Chapter 431, Subchapter J. This exemption does not remove the separate licenses required for drug manufacturing or other activities outside the license’s scope.

Authorities: 25 TAC §§300.101(16), (24), 300.201(a); Health and Safety Code §431.222(a-3). Sources: adopted rules; DSHS licensing explanations; DSHS laws and rules.

Retail sales

Under Chapter 300, a person may not sell consumable hemp products at retail in Texas without registering each applicable location with DSHS. A retailer selling finished products without changing the products or their packaging generally uses the Retail Hemp Registration process.

DSHS states that a manufacturing license covers manufacturing and retail activities conducted at the licensed location. If a product is manufactured at one location and sold at a separate location, the retail location requires retail registration. Employees and independent contractors selling a registrant’s products have the exemptions specified in Section 300.501(c); those exemptions do not remove the registrant’s responsibility to authorize its locations.

DSHS states that out-of-state online retailers selling into Texas need a Retail Hemp Registration. Out-of-state manufacturers do not need a Texas manufacturing license solely because they manufacture outside Texas, but their products must meet applicable Texas sale requirements, and a separate retail or commodity-specific distribution authorization may be required.

Authorities: Health and Safety Code §443.2025; 25 TAC §§300.401, 300.501–300.502. Sources: Chapter 443; adopted rules; DSHS FAQs.

Markets, events, mobile operations, and residential premises

DSHS does not issue temporary consumable hemp permits. Its guidance states that a separate retail registration is required for each sales location, including farmers’ market locations, and for applicable storage locations. A registration is tied to the address on the application.

The agency states that mobile operations cannot deviate from the licensed or registered address; a mobile seller would need the required registration for every address where it operates. A general event permit or a retail registration for a different store address does not, by itself, authorize hemp sales at an event.

DSHS does not allow consumable hemp production under cottage food rules. Its guidance states that manufacturing and retail activities must be separated from private living quarters, with a separate licensed entrance and no access through the living quarters. A completely partitioned facility on residential property may be eligible, subject to licensing and the applicable manufacturing and warehousing requirements.

Source: DSHS FAQs on markets, mobile units, cottage food, and residential facilities.

5. License terms, fees, applications, and renewals

Current DSHS hemp fee schedule

These are the rule’s base fees. Applicable Texas Online processing fees are additional. The rules do not prorate fees. Fingerprint checks and other required services can also create separate costs. Commodity-specific wholesaler and warehouse fees are separate from this hemp fee schedule.

Both a consumable hemp license and a retail registration are valid for one year and must be renewed annually. An expired license or registration is not current or valid. A business may not continue the regulated manufacturing, processing, retail sale, or offer for retail sale using an expired authorization. Paying a delinquency fee does not establish permission to operate during the lapse.

Sources: adopted rules, §§300.202 and 300.502; DSHS current fee notice.

Manufacturing and processing application requirements

The application must identify the applicant and business, including any other business names; the mailing and facility addresses; the primary business telephone number; the applicant’s personal email address; and a separate business email address if applicable.

It must also include a legal description and perimeter global positioning system coordinates for each proposed manufacturing, processing, and storage location. The applicant or property owner must give the required written consent for DSHS, the Department of Public Safety, TABC, and other state or local law enforcement agencies to enter the specified premises for physical inspection and compliance purposes.

Applicants and license holders must undergo a fingerprint-based criminal background check at their own expense. The statute disqualifies an individual with a controlled-substance felony conviction from holding a license or serving as a governing person of a licensed establishment before the tenth anniversary of the conviction. Materially falsifying an application is also disqualifying. The statute requires revocation if the license holder is convicted of a controlled-substance felony.

The current renewal rule also requires the holder to be eligible, submit a complete application and the required fee, owe no outstanding DSHS fees, possess and provide required test results, meet the controlled-substance conviction criteria, and not have had a consumable hemp products license revoked for sale to a minor during the preceding five years.

Applications are submitted electronically through the state’s application system with all required fees and additional information requested on the forms. A facility must display its license in an obvious, conspicuous public location.

Authorities: Health and Safety Code §§443.102–443.105; 25 TAC §§300.201–300.202. Sources: Chapter 443; adopted rules; DSHS license process.

Retail registration application requirements

The owner, operator, or designated representative must provide the business name; the facility mailing address; each location’s street address; the primary business telephone number; each location’s telephone number; the primary business email address; and the required written premises-inspection consent from the applicant or property owner.

Applications must be submitted electronically, with the required fees. Proof of registration must be prominently displayed in a conspicuous location visible to the public.

Authority: 25 TAC §300.502. Source: adopted rules.

Application processing periods and fee reimbursement

Sections 300.202(e) and 300.502(d) set out application-processing periods for initial and renewal applications. They describe a first 45-calendar-day period, notice of an incomplete application within 60 calendar days after receipt, and a second 45-calendar-day period beginning when a completed application is received and ending with issuance or written notice of a proposed denial.

An applicant has 135 calendar days after the specified incomplete-application notice to submit the missing information or fees. If the applicant does not respond within that period, DSHS considers the application withdrawn.

If DSHS does not process the application within the rule’s specified periods, an applicant may request reimbursement in writing within 30 business days after the end of the second period. If DSHS determines that no good cause justified exceeding the established periods, it must approve reimbursement and notify the applicant within 30 business days after its decision. These provisions do not grant automatic approval of an application.

Authorities: 25 TAC §§300.202(d)–(f), 300.502(d), (h). Source: adopted rules.

6. Minimum purchasing age and identification requirements

Customers must be 21 or older

A person may not deliver, sell, or offer to sell a consumable hemp product to a person under 21 years of age. Chapter 300 defines a minor as a person under 21 for these purposes.

Before completing the sale of any consumable hemp product, the seller must verify each purchaser’s age by reviewing valid identification. The rule requires this for each purchaser; it does not establish an exemption for a customer who appears older than a particular age.

Valid identification must:

1. Include a physical description and photograph matching the purchaser’s appearance.
2. Provide the purchaser’s date of birth.
3. Be issued by a government agency.
4. Be unexpired.

Examples include a driver’s license issued by Texas or another state, a passport, or a government-issued identification card. A website checkbox or self-entered date of birth alone does not perform the rule’s required review of government identification. Sellers using online checkout or delivery must implement a process that actually satisfies the requirement.

Authorities: 25 TAC §§300.101(26), 300.701. Source: adopted rules.

License or registration consequences

After an opportunity for a hearing, DSHS may revoke a consumable hemp license or retail registration if the holder or an employee sold, served, or delivered a consumable hemp product to a minor.

Section 300.702(b) provides an exception when the minor falsely represents that they are at least 21 by displaying apparently valid identification. That exception does not remove the seller’s duty to review valid identification. DSHS may also impose penalties or pursue additional actions under Health and Safety Code Chapters 431 and 443.

Businesses holding a TABC license or permit are subject to additional age-verification requirements and alcohol-license consequences described in Section 13 below.

Authorities: 25 TAC §300.702; 16 TAC §§35.5–35.6. Sources: adopted DSHS rules; TABC requirements.

7. Approved sources, raw materials, and interstate commerce

Approved hemp and ingredient sources

Raw materials and ingredients must come from approved sources. The rules define approved hemp sources by reference to hemp grown under an approved state or compatible federal, Tribal, or foreign framework, with compliance with applicable federal and foreign-jurisdiction laws.

All raw materials and ingredients must be clearly identified for traceability. The identification must include:

1. The raw material or ingredient name.
2. The batch or lot number from the original package.
3. The manufacturing date.
4. The date received at the facility.
5. The expiration, retest, or use-by date.
6. Total delta-9 THC concentration on a dry weight basis.

Receiving records and applicable supplier licensing documents must also be maintained as described in Section 10.

Authorities: 25 TAC §§300.101(5), 300.203(d)(3), 300.206. Source: adopted rules.

Above-limit material may not enter Texas for further processing

Sections 300.206(c) and 300.404 prohibit transporting substances containing total delta-9 THC above the acceptable hemp THC level into Texas for further processing in Texas. The rules do not provide an exception simply because a manufacturer plans to dilute, reformulate, or remediate the material after arrival.

Authorities: 25 TAC §§300.206(c), 300.404. Source: adopted rules.

Products manufactured outside Texas

Texas retailers selling consumable hemp products manufactured or processed elsewhere must comply with Texas sale requirements. Upon request, they must provide DSHS with evidence of compliant production under the applicable USDA-approved state or Tribal plan, a federal plan where applicable, or the relevant foreign jurisdiction’s laws, together with the testing, THC-compliance, and federal requirements in Section 300.403.

Health and Safety Code Section 443.206 also addresses products lawfully produced in another state or jurisdiction under the specified production and testing pathways. The existence of an out-of-state license does not dispense with Texas requirements for the product’s sale, labeling, packaging, testing, or retail registration.

Authorities: Health and Safety Code §443.206; 25 TAC §300.403. Sources: Chapter 443; adopted rules.

Transport across state lines and export

Compliant consumable hemp products may be transported across state lines and exported consistently with federal law and the laws of the relevant foreign jurisdictions. The Texas provisions do not authorize sales prohibited by a destination jurisdiction.

Transporting agricultural hemp plant material is subject to separate TDA documentation and cargo requirements, described in Section 16. Those requirements should not be confused with the rules for finished consumable hemp products.

Authorities: Health and Safety Code §443.207; 25 TAC §300.404; Agriculture Code §§122.351–122.356; 4 TAC Chapter 24, Subchapter H. Sources: Chapter 443; DSHS rules; TDA program.

8. Testing requirements and certificates of analysis

Plant material before processing or manufacturing

Before a hemp plant is processed or otherwise used to manufacture a consumable hemp product, a representative sample must be tested to determine:

1. The identity and concentration of cannabinoids, including all acids in the plant.
2. The presence and quantity of heavy metals, pesticides, microbial contamination, and any other substances required by DSHS.
3. The presence and concentration of delta-9 THC, total delta-9 THC, and total THC.
4. Whether total delta-9 THC is 0.3 percent or less on a dry weight basis.

This is a consumable-hemp processing requirement. Agricultural preharvest testing under TDA’s program is a separate requirement.

Authority: 25 TAC §300.301(a). Source: adopted rules.

Products and hemp-derived ingredients before commerce

Before a consumable hemp product is sold at retail, distributed, or otherwise introduced into Texas commerce, a representative sample must be tested. This requirement expressly includes hemp-derived ingredients intended for further processing into another consumable hemp product.

The testing must determine:

1. The presence, identity, and concentration of cannabinoids.
2. The presence and concentration of delta-9 THC, total delta-9 THC, and total THC.
3. The presence and quantity of residual solvents, heavy metals, pesticides, and harmful pathogens.
4. Whether total delta-9 THC is 0.3 percent or less on a dry weight basis.

Manufacturers and processors must use the sampling and testing acceptance criteria determined by DSHS. Manufacturers, processors, and retailers must ensure testing addresses the department’s most current required analytes. A certificate of analysis addressing only potency does not document the full set of tests required by the rule.

Authorities: 25 TAC §§300.301(b), 300.303(g)–(h). Source: adopted rules.

Statutory testing alternatives and the current rules

Health and Safety Code Section 443.151 contains alternative testing pathways. Subsection (a) permits testing under the plant-and-extracted-material provisions in subsections (b) and (c), or under the product-testing provision in subsection (d). Subsection (e) provides an exception from subsection (d) testing when each hemp-derived ingredient was tested under the specified statutory pathway and does not exceed the statutory delta-9 THC concentration.

The March 2026 version of Section 300.301 imposes the plant and pre-commerce product/ingredient requirements described above. The relationship between the agency requirements and the statutory alternatives is part of the legal dispute discussed in THBC’s lawsuit update. The statutory alternatives should not be presented as an established exemption from the currently enforceable March 2026 rules.

Authorities: Health and Safety Code §443.151; 25 TAC §300.301. Sources: statutory testing provisions; current rule text; THBC litigation update.

Laboratory accreditation and independence

An accredited laboratory is one accredited to ISO/IEC 17025 or a comparable or successor standard. The required testing documentation must identify the laboratory and its methods.

A license holder may not use an independent accredited testing laboratory in which it has an ownership interest, except that the rule permits an interest of 10 percent or less in a publicly traded laboratory company.

Authorities: Health and Safety Code §§443.151(d), 443.202; 25 TAC §§300.101(2), 300.303(c). Sources: Chapter 443; adopted rules.

Required certificate of analysis information

A certificate of analysis (COA) documenting required tests must be available to DSHS electronically upon request before manufacturing, processing, or distribution into commerce. It must include measurement-uncertainty analysis parameters.

Each COA must contain, at minimum:

1. The laboratory’s name, address, and contact information.
2. The hemp cultivator’s, processor’s, or manufacturer’s name and address.
3. Identification of the sampler.
4. Sample-identifying information, including matrix type.
5. The sample’s lot identification number.
6. The sample-receipt date, dates of analyses, and corresponding results.
7. Units of measure.
8. Analytical methods and instruments, with corresponding limits of detection and limits of quantitation.
9. An expiration date.
10. A QR code on the COA verifying the authenticity of testing conducted at an accredited laboratory.
11. Measurement-uncertainty analysis parameters.
12. Results of all requested analyses, including the percentage of delta-9 THC, total delta-9 THC, and total THC per container.

An expiration date is required; the cited rule does not establish a single universal COA life for every product. Businesses must track the expiration shown on the applicable certificate.

Authority: 25 TAC §300.301(c)–(d). Source: adopted rules.

Expired, forged, falsified, or altered test results

Expired COAs are invalid. Products with expired COAs must be retested and are subject to detention or embargo under Health and Safety Code Section 431.048.

Forging, falsifying, or altering required laboratory results is a violation. Affected products must be retested and are also subject to detention or embargo. Changing a date or cannabinoid result on a supplier’s document does not create a valid replacement COA.

Authority: 25 TAC §300.301(e)–(f). Source: adopted rules.

Availability, cost, and retention of testing results

Manufacturers, processors, distributors, and retailers must provide required results to consumers, TABC, and DSHS upon request. A manufacturer must make the required results available to a seller, with the shipment or electronically. The statute allows a seller that cannot obtain results to arrange the required testing and make the results available to consumers.

Manufacturers, processors, and retailers pay the applicable laboratory charges. DSHS may require results to be sent directly to the department. Manufacturers, processors, and retailers must retain test results for at least three years from the date the results are received.

DSHS conducts random testing at retail and other facilities. When requested, regulated businesses must provide representative raw or finished product samples at the licensee’s or registrant’s expense. Products above the acceptable hemp THC level, or adulterated in a way harmful to human consumption, may not be sold at retail or introduced into Texas commerce.

Authorities: Health and Safety Code §§443.152, 443.202; 25 TAC §§300.302(c)–(d), 300.303. Sources: Chapter 443; adopted rules.

9. Product labels, warnings, and packaging

Information required on the retail label

In addition to product-category labeling requirements, all consumable hemp products marketed as containing cannabinoids must carry the information required by Section 300.402:

1. Batch number.
2. Batch date.
3. Product name.
4. Name of the manufacturer or processor.
5. Telephone number and email address of the manufacturer or processor.
6. A conspicuously marked website address providing or linking to the COA for the product or each hemp-derived ingredient. The linked information must include the amount of cannabinoid in each serving or unit, total THC, and total delta-9 THC. The required COA must be accessible from the linked webpage in three or fewer steps.
7. Recommended serving size in milligrams and the number of servings per container.

The required label must appear on the outer packaging of each product intended for individual retail sale. Placing information only on a shipping case does not fulfill the retail-package requirement.

Health and Safety Code Section 443.205(a) also requires a certification that the delta-9 THC concentration of the product or each hemp-derived ingredient is not more than 0.3 percent. Its statutory labeling provision covers products containing or marketed as containing more than trace amounts of cannabinoids.

Section 443.205(b) permits the required label information to be presented through the manufacturer’s website URL and a QR code or other scannable barcode leading to that information. This is a permitted electronic labeling format. The current DSHS rule expressly requires a conspicuously marked URL and the outer-package information described above; a business must meet those current rule requirements. Separately, Section 300.301 requires an authenticity-verification QR code on the COA itself. The statutory Section 443.205 labeling requirements do not apply to sterilized seeds incapable of germination.

Authorities: Health and Safety Code §443.205; 25 TAC §300.402(a), (c). Sources: statutory labeling provisions; adopted rules.

Required warning statements

Section 300.402(b) specifies the following warnings:

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

These statements are reproduced from the rule. They are label requirements and should not be shortened into a general warning that omits one of the specified points.

Authority: 25 TAC §300.402(b). Source: adopted rules.

Tamper-evident and child-resistant packaging

Before sale or distribution, a consumable hemp product must be prepackaged or placed, at the time of sale, in packaging or a container that is:

1. Tamper-evident.
2. Child-resistant.
3. Resealable while preserving the child-resistant mechanism, if it contains multiple servings or includes multiple products purchased in one transaction.

A single-serving product does not need to be resealable under this provision, but it still needs tamper-evident and child-resistant packaging. DSHS states that canned or bottled beverages and single-serving “shot” containers have no categorical exemption. Certain canned or bottled packaging may qualify as child-resistant; the beverage format alone does not establish compliance.

Authority: 25 TAC §300.405. Sources: adopted rules; DSHS beverage-packaging FAQs.

Packaging and labeling controls

Businesses subject to Section 300.406 must maintain clear written procedures for receiving, identifying, storing, handling, and examining labeling and packaging materials.

Materials must be examined when received and before use. A qualified individual under the referenced manufacturing rules must approve materials that meet the written criteria and release them for use. Materials that do not meet the criteria must be rejected.

Records must document receipt, examination, and acceptance or rejection of each shipment of each different labeling or packaging material. Obsolete and rejected materials must be destroyed. Labels issued for a batch must be checked for identity and conformity to the master production record. Unused labels must be stored so they cannot be confused with labels currently being applied.

Authority: 25 TAC §300.406. Source: adopted rules.

Misleading packaging and medical representations

A person may not sell or offer for sale a product containing or marketed as containing hemp-derived cannabinoids in packaging whose statements, artwork, or design would likely mislead a person into believing that it contains no hemp-derived cannabinoid or is intended for medical use.

This restriction is separate from ordinary misbranding and drug-claim rules. Adding the required FDA warning does not authorize a claim that the product treats, cures, diagnoses, or prevents a disease.

Authority: 25 TAC §300.407; Health and Safety Code Chapter 431. Sources: adopted rules; DSHS product-claim guidance.

10. Production records and record retention

General records requirements

Records required under Chapter 300 must be maintained on site for immediate inspection. Upon request, DSHS or TABC must be given access for review or copying. Required records may be electronic.

Records described in the chapter must be retained for at least three years after creation. Test-result retention has its own three-year starting point: the date the results are received.

Manufacturers and processors must maintain, as applicable:

1. COAs for raw hemp and hemp ingredients.
2. COAs for finished products, identified by batch number.
3. Ingredient-source records, including receiving records with supplier, distributor, or warehouse addresses and contact information, or applicable licensing documents from the supplier’s hemp or food regulator.
4. Batch production records.
5. Recalled-product information.
6. Consumer complaints.
7. Other required records, including corrective-action logs, destruction logs, equipment-calibration records, and accurate reproductions or electronic records.
8. Master production records.

Records must contain actual values and observations. They must be accurate, permanent, legible, and created when the documented activity is performed. They must provide enough detail to reconstruct the work and identify the facility; the date and time; the signature or initials of the person performing the activity; and the product and batch number.

Persons regulated under Agriculture Code Chapter 122 must also provide DSHS requested hemp or hemp-product results showing the total delta-9 THC concentration required by Section 300.203(b).

Authorities: 25 TAC §§300.203, 300.303(f). Source: adopted rules.

Master production records

Each consumable hemp product, including its batch size, must have a master production record designed to ensure consistent production between batches.

One person must prepare, date, and sign the record with a full handwritten signature. A second person must independently check, date, and sign it. The business must have and follow a written procedure for preparing master production and control records.

The record must include the name and weight or measure of each ingredient; a complete ingredient list; a statement of any calculated excess of a by-product; and complete manufacturing instructions and specifications.

Authority: 25 TAC §300.204. Source: adopted rules.

Batch production records

A batch production record must be prepared for every batch produced. It must include complete batch information and, where applicable, the checked, dated, and signed master record and documentation of each manufacturing, processing, packaging, and holding step.

The required documentation includes:

1. Dates.
2. Identification of major equipment and production lines.
3. Ingredient weights and measures.
4. In-process results.
5. Laboratory-control results.
6. Inspection of the packaging and labeling area before and after use.
7. Actual yield.
8. Complete labeling records, including copies of every label used.
9. Sampling performed.
10. Investigations conducted.
11. THC destruction.
12. Rework performed.
13. The COA for hemp or hemp derivatives used in the product.

Authority: 25 TAC §300.205. Source: adopted rules.

11. Recalls and consumer complaints

Written recall procedures for all supply-chain facilities

Every facility engaged in manufacturing, processing, distribution, or retail sale of consumable hemp products must maintain written recall procedures. These must assign responsibility and explain:

1. How recalled products are identified.
2. How they are immediately removed and segregated from sale and active inventory.
3. How they are returned, held, or disposed of.
4. How the public is notified of hazards to protect public health.

This requirement includes retailers; it is not limited to the business that produced the product.

Authority: 25 TAC §300.207(a). Source: adopted rules.

Manufacturer, processor, and distributor recall plans

Manufacturers, processors, and distributors must also establish a recall plan covering direct notification to direct consignees with return or disposal instructions; public hazard notification; effectiveness checks to verify execution of the recall; and appropriate disposition of the recalled product.

Disposition may involve reprocessing, reworking, diversion to a safe use, or destruction where permitted. A recall plan does not independently authorize possession, processing, or disposal that would violate controlled-substance restrictions or a detention order.

Authority: 25 TAC §300.207(b). Source: adopted rules.

Complaint handling and investigation

Manufacturers and processors must maintain product-safety complaint files and procedures for receiving, reviewing, and evaluating complaints. Complaints must be handled uniformly and promptly. Oral complaints must be documented upon receipt. Complaints must be evaluated to determine whether the event requires reporting to the FDA or DSHS.

All safety-related complaints must be investigated. If a complaint is not investigated, the record must explain why and identify the individual who made that decision. A complaint concerning labeling or packaging that fails specifications must be reviewed, evaluated, and investigated unless a similar complaint has already been investigated and an additional investigation is unnecessary.

The investigation record must include the product name; receipt date of the complaint; product batch number and date; complainant’s name, address, and telephone number; the nature and details of the complaint; investigation dates and results; corrective actions; and any reply to the complainant.

Authority: 25 TAC §300.208. Source: adopted rules.

12. Smokable hemp and cannabinoid e-cigarettes

Manufacturing and processing smokable hemp in Texas

Texas prohibits manufacturing or processing a consumable hemp product for smoking. The definition of smoking covers both burning a substance and inhaling smoke, and heating a substance and inhaling the resulting vapor or aerosol.

The Texas Supreme Court upheld the manufacturing and processing prohibition in 2022. DSHS states that the prohibition includes private labeling of smokable products by Texas businesses, even where an out-of-state company physically manufactures the product. Placing a Texas business’s name and address on a smokable product as the responsible manufacturer or white labeler is not an authorized workaround.

Authorities: Health and Safety Code §§443.001(11), 443.204(4); 25 TAC §300.104. Sources: Chapter 443; DSHS smokable-hemp guidance.

Distribution and retail sale of compliant out-of-state smokable products

DSHS states that the distribution and retail sale of compliant smokable hemp manufactured outside Texas are allowed. Businesses must hold the applicable retail, wholesale, or warehouse authorization, and the products must comply with current testing, labeling, packaging, and other requirements.

That permission is conditional on product compliance. It does not exempt flower from the current total delta-9 THC standard, exempt a product from controlled-substance restrictions, or override the separate e-cigarette prohibition below.

Sources: DSHS program notice; DSHS FAQs; current DSHS rule text.

Cannabinoid e-cigarette products: separate statutory prohibition

Effective September 1, 2025, Senate Bill 2024 amended Health and Safety Code Section 161.0876. It prohibits marketing, advertising, selling, offering for sale, or causing to be sold an e-cigarette product that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, among other listed substances.

The prohibition covers cannabinoid e-cigarette products even if the material contains no nicotine. It applies to CBD as well as THC; compliance with the hemp THC percentage does not create an exemption.

The statute defines an e-cigarette product as a consumable liquid solution or other material aerosolized or vaporized during use of the covered device. The definition excludes specified prescription medication and other prescribed substances unrelated to smoking cessation. A compliant retailer may not assume a cartridge, liquid, or other covered consumable material is exempt because it is sold separately from a device.

Section 161.0876 separately prohibits covered e-cigarette products with specified child-oriented or celebrity packaging; designs disguised as other products; products wholly or partly manufactured in or marketed as manufactured in China or another designated foreign-adversary country; and products containing or marketed as containing alcohol, kratom, kava, mushrooms, tianeptine, or their derivatives. The listed packaging restrictions include cartoon-like characters aimed at entertaining minors, imitation of products marketed to minors, symbols used to market to minors, a celebrity’s image or name, and images resembling food, candy, or juice. Disguised designs include school or office supplies, phones or watches and their cases, headphones, clothing, backpacks, cosmetics, and toys.

An offense under this section is a Class A misdemeanor. The Comptroller states that enforcement began September 1, 2025, with no grace period.

The Comptroller’s guidance distinguishes storage from prohibited sales: products may be stored in a Texas warehouse or third-party logistics facility for eventual shipping outside Texas if ownership does not change while they are in Texas. That guidance addresses Senate Bill 2024; it does not excuse violations of manufacturing, controlled-substance, or other applicable law.

Authorities: Health and Safety Code §§161.081(1-a), 161.0876, as amended by Senate Bill 2024. Sources: enacted bill text; Comptroller guidance.

13. Additional rules for businesses with alcohol licenses or permits

A TABC license does not replace hemp authorization

TABC’s hemp rules apply to its license and permit holders. A business holding an alcohol authorization must also obtain the appropriate DSHS hemp authorization before participating in the consumable hemp business.

TABC’s guidance excludes nonintoxicating products containing qualifying FDA-recognized hemp-seed ingredients from these hemp rules. Added cannabinoid products should not be treated as equivalent to ordinary hemp-seed ingredients.

Source: TABC consumable hemp requirements.

No supplying consumable hemp to people under 21

Section 35.5 prohibits a TABC license or permit holder from selling, offering to sell, serving, or delivering consumable hemp products to a person under 21.

TABC identifies a limited exception if the business complied with the ID-checking rule, the minor falsely represented that they were 21 or older, and the business reasonably believed that representation. Violations can lead to temporary suspension or cancellation of the business’s alcohol license or permit.

Authority: 16 TAC §35.5; Alcoholic Beverage Code §§11.61(b)(7), 61.71(a)(16). Source: TABC guidance.

Identification must be inspected before sale, service, or delivery

Under Section 35.6, a TABC license or permit holder must carefully inspect identification and verify that the person is at least 21 before completing the sale, service, or delivery of a consumable hemp product.

The ID must be government-issued, unexpired, include a physical description and photograph consistent with the person’s appearance, purport to establish that the person is at least 21, and appear valid. Failure to comply can result in temporary suspension or cancellation of the alcohol license or permit.

Authority: 16 TAC §35.6. Source: TABC guidance.

No on-premises hemp consumption at specified off-premises retailers

Section 35.7 prohibits authorizing or allowing consumable hemp consumption on premises covered by:

• A Wine and Malt Beverage Retailer’s Off-Premise Permit (BQ).
• A Retail Dealer’s Off-Premise License (BF).
• A Package Store Permit (P).
• A Wine-Only Package Store Permit (Q).

The permit or license holder must take reasonable steps to prevent consumption. TABC states that a violation carries a base penalty of $250. Businesses should not assume that an in-store hemp tasting is permitted because they may sell sealed hemp beverages for off-premises use.

This section concerns the specified off-premises permits and licenses. It does not itself impose the same categorical restriction on every on-premises alcohol business, and it does not authorize a product or activity prohibited by other law.

Authority: 16 TAC §35.7. Sources: TABC current guidance; June 2026 adoption notice.

Proposed changes are not yet current requirements

TABC published proposed amendments to Section 35.7 in the October 9, 2026 Texas Register, including definitions of reasonable care and reasonable steps. Those amendments are proposals as of this page’s review date. Their proposed wording should not be represented as an already adopted requirement. The existing consumption restriction remains in effect.

Source: October 2026 proposed rules.

14. Inspections, prohibited acts, and enforcement procedures

Inspection authority and permitted scope

After presenting proper credentials to the owner, operator, or person in charge, authorized DSHS or TABC employees may enter premises at reasonable times, inspect, collect samples, and take photographs to determine compliance with Chapter 300 and Health and Safety Code Chapters 431 and 443.

Inspectors may enter vehicles used to transport or hold consumable hemp products in commerce. They may inspect facilities or vehicles, equipment, finished and unfinished materials, containers, and labeling within reasonable limits and in a reasonable manner. Inspections must begin and conclude with reasonable promptness.

The rule also limits certain inspections. They must not extend to financial data; sales data other than shipment data; pricing data; personnel data other than qualifications of technical or professional personnel performing regulated functions; or research data except the categories specified in Section 300.103(c)(5).

Authority: 25 TAC §300.103. Source: adopted rules.

Prohibited acts

Section 300.602 prohibits introducing noncompliant hemp-derived cannabinoids into commerce; packaging or labeling products with noncompliant labels; and refusing authorized entry, inspection, sampling, record review or copying, or inspection photography.

The rule expressly includes impeding an inspection, aggressive behavior, use of foul language, and threatening behavior within its description of refusing an inspection.

Manufacturing, processing, distributing, selling, or otherwise introducing consumable hemp products into commerce without the required license or registration is a separate violation. Each day a violation continues or occurs counts as a separate violation when an administrative penalty is calculated.

Authorities: 25 TAC §§300.601–300.602. Source: adopted rules.

Detention and embargo

DSHS must tag or otherwise mark a food, drug, device, cosmetic, or consumer commodity that it finds, or has probable cause to believe, is adulterated, dangerously or fraudulently misbranded, or in violation of the specified food-labeling or drug provisions of Chapter 431.

The tag gives notice that the article is detained or embargoed. Health and Safety Code Section 431.048 restricts removing or disposing of a tagged article without authorization. A business should follow the actual order and release conditions governing detained inventory.

Authorities: 25 TAC §300.603; Health and Safety Code §431.048. Sources: adopted rules; Texas Food, Drug, and Cosmetic Act.

Court-ordered destruction or correction

DSHS may request court-ordered destruction of sampled, detained, or embargoed products found to be misbranded or adulterated. After an order is entered, an authorized agent supervises destruction and the claimant pays the costs.

If destruction involves THC meeting the definition of a controlled substance, DSHS may refer the matter to law enforcement. Destruction must follow department specifications and be documented, unless law enforcement intends to preserve the article as evidence.

A court may instead permit correction by labeling or processing under DSHS supervision when the statutory and rule conditions are satisfied, including entry of the decree and payment of applicable court costs, fees, and expenses. The claimant pays the cost of DSHS supervision. Businesses cannot assume every violation is correctable or that they may relabel detained products on their own.

Authorities: 25 TAC §§300.604–300.605. Source: adopted rules.

Retailer notice and opportunity to cure

DSHS must notify a retailer of a potential violation and provide an opportunity to resolve an unintentional or negligent violation after notice. This protection appears in Health and Safety Code Section 443.201(b) and Section 300.606(b).

The protection should not be read as blanket immunity from detention, controlled-substance referral, age-related revocation, or penalties for every type of violation.

Authorities: Health and Safety Code §443.201(b); 25 TAC §300.606(b). Sources: Chapter 443; adopted rules.

Administrative penalties and hearing rights

DSHS may impose an administrative penalty for violations of Chapter 300. It considers the seriousness and public-health or economic hazard of the violation; the history of violations; the amount needed to deter future violations; corrective efforts; and other relevant matters of justice.

A notice of violation must state the facts and penalty assessment. It must be sent in writing by certified mail and inform the license holder or registrant of the right to a hearing on whether the violation occurred, the amount of the penalty, or both.

Within 20 business days after receiving the notice, the person may accept the determination and recommended penalty in writing or request a hearing in writing. If a hearing is requested, DSHS refers the matter to the State Office of Administrative Hearings. If no written response is received within the deadline, DSHS may determine that the violation occurred and issue a payment order.

Authority: 25 TAC §300.606. Source: adopted rules.

15. Other food, drug, cosmetic, device, and animal-product requirements

Texas Food, Drug, and Cosmetic Act

Health and Safety Code Chapter 431 applies to consumable hemp products and license holders, subject to the specific statutory exemptions. It includes requirements concerning adulteration, misbranding, labels, inspections, embargoes, and relevant commodity licenses.

For a food or beverage, hemp-specific labeling supplements the applicable food label requirements. Depending on the product and any exemption, these can include a statement of identity, net quantity, ingredient declaration, allergen information, nutrition information, and the name and place of business of the responsible firm. Hemp batch information and warning statements do not replace those ordinary declarations.

Manufacturing, packing, and holding must comply with the applicable sanitation and good manufacturing or warehousing standards. These address matters such as employee hygiene, premises and equipment sanitation, pest exclusion, water, safe storage, and prevention of contamination. The exact obligations depend on the product and operation.

Authorities: Health and Safety Code §§443.002, 431.081–431.084; 25 TAC §300.102 and referenced product rules. Sources: Chapter 431; DSHS laws and rules; adopted Chapter 300 rules.

Other Texas rules expressly incorporated by Chapter 300

Section 300.102 requires compliance with relevant laws and rules applicable to the product and activity, including all of the following categories:

These are product-category requirements, not additional rules that automatically apply to every hemp business. A beverage manufacturer, a cosmetic producer, and a device distributor may therefore have different obligations in addition to the shared hemp rules. The full linked product regulations should be consulted for those operations.

Authority: 25 TAC §300.102. Sources: Chapter 300 incorporated-rule list; DSHS laws and rules directory.

Retail food preparation and service

Businesses preparing or serving foods or beverages may also need the applicable state or local retail-food authorization and must meet food-establishment requirements. A hemp registration does not replace a food-service permit. DSHS states that local jurisdictions may regulate ordinary food, drug, cosmetic, and device sales, subject to the hemp-specific limits on prohibition described below.

Sources: DSHS FAQs; DSHS retail food laws and rules.

Animal foods and pet products

DSHS states that its hemp rules cover animal drugs and devices but do not cover animal foods. Animal feed and pet food fall under the Office of the Texas State Chemist, with applicable commercial-feed requirements.

A DSHS hemp license should not be represented as authorization to manufacture cannabinoid pet food or treats. Those products require separate evaluation under animal-food and ingredient requirements.

Sources: DSHS animal-product FAQ; Office of the Texas State Chemist.

Federal requirements remain separate

Texas authorization does not establish federal approval of a product, ingredient, label, or health claim. Federal hemp production law and the Federal Food, Drug, and Cosmetic Act remain relevant. Federal changes and proposed legislation should be evaluated separately from this Texas reference and should not be listed as effective Texas requirements before they take effect.

Authorities: Health and Safety Code §§443.051, 443.204, 443.207; 25 TAC §§300.102, 300.403–300.404. Sources: Chapter 443; DSHS rules.

16. Hemp cultivation, handling, sampling, seed, and industrial processing

Agricultural hemp is regulated separately from finished consumable hemp products. A DSHS retail registration does not authorize growing or handling agricultural hemp, and a TDA producer license does not authorize manufacturing finished cannabinoid products.

The authorities for this section are Texas Agriculture Code Chapters 121 and 122 and 4 TAC Chapter 24. TDA’s current program instructions and required forms should be used with the applicable rules, particularly for sampling and harvest scheduling.

Producer, handler, and sampler authorization

A person must hold the applicable TDA license before producing, handling, or conducting official sampling and collection of hemp in Texas. The application must be renewed annually and submitted in the required online form. Applicants must complete TDA’s mandatory orientation; official samplers must complete the additional training and meet the applicable authorization or contract requirements.

The application identifies the person or entity, responsible participants, contact information, and the locations where hemp will be grown or stored, including geospatial information and proof of ownership or control. Initial and continuing eligibility includes the applicable background check, truthful application information, required fees, and compliance history.

Chapter 24 includes a minimum applicant age of 18, controlled-substance felony restrictions covering the preceding ten years, and a five-year exclusion following specified hemp-license revocations. The rule contains a limited exception concerning lawful participation in the 2014 Farm Bill program before December 20, 2018, and qualifying convictions before that date. Businesses should apply the exception only where its actual conditions are met.

Licenses are not freely transferable. Changes to facilities or other required application information must be reported through the applicable modification process. A new or modified facility requires the required forms, fees, and written TDA approval before the regulated activity begins there.

Authorities: Agriculture Code §§122.101–122.105; 4 TAC §§24.8–24.16. Sources: TDA program and applications; Chapter 24 source access through TDA; Texas Agriculture Code Chapter 122.

Registered facilities, separate lots, and crop permits

Hemp may be produced or handled only at approved locations. Licensed businesses must own or control the locations and comply with restrictions concerning property associated with ineligible persons. Hemp must be physically segregated from other crops unless TDA gives the required permission; ordinary license holders may not interplant it with other crops without express written authorization.

TDA requires a Lot Crop Permit before planting each planting area. The application identifies the producer account, facility, lot location, anticipated cultivation information, and required Farm Service Agency (FSA) identifiers. A producer license is required before the crop-permit application.

When a crop is planted, TDA directs producers to notify FSA, report field acreage, and obtain or verify the field number. Lot and facility records must continue to identify the actual location of the crop.

Authorities: 4 TAC §§24.13–24.17. Source: TDA crop-permit instructions.

Transplants

Transplant operations have additional lot and location requirements. Section 24.15 addresses the initial cultivation area, final transplantation area, anticipated transplant date, registered geospatial locations, limits on splitting a transplant lot, and movement between facilities.

A TDA transport manifest is required when the initial and final areas are in different facilities. The transplant provision states that the manifest is valid for five days after issuance. Sale or transfer of a lot to another license holder for transplant is treated as a harvest under the rule.

Section 24.42 contains a separate restriction, to the extent authorized by federal law and the United States Constitution, on bringing in cannabis transplants germinated outside Texas and on cultivating transplants originating from plants germinated outside Texas. These plant-movement requirements should be considered before ordering live plants from another state.

Authorities: 4 TAC §§24.15, 24.42. Sources: Chapter 24 access through TDA; published transplant rule.

Official sampling before harvest

An official sample must be collected before harvesting the crop and submitted to a TDA-registered laboratory. TDA’s current program directs producers to use a licensed handler/sampler for this step. A separate sample is required for each lot, and the producer or an authorized representative must be present for scheduled sampling.

Section 24.21 requires a completed sampling request at least 15 days before the anticipated harvest. TDA’s current website states that no more than two official sampling requests are permitted per lot; the published rule identifies a limited unusual-circumstances provision for additional requests. Unofficial monitoring tests are not a substitute for the official sample.

Harvest-timing source discrepancy: TDA’s current program website instructs producers to harvest within 30 days after sampling, with another official sample required if that window is missed. Published versions of Sections 24.21 and 24.23 contain 15-day harvest language, with Section 24.23 allowing specific written authorization from TDA. These sources should not be presented as establishing the same deadline. Producers should obtain the written TDA instruction or authorization applicable to their crop before relying on a longer harvest window.

Harvested lots may not be commingled with other harvested lots or material before processing without TDA’s permission. Harvesting a crop does not itself authorize sale or use before the required compliant test result is available.

Authorities: Agriculture Code §§122.151–122.155, 122.201–122.202; 4 TAC §§24.20–24.23. Sources: TDA current sampling and harvest instructions; published Section 24.21; Chapter 24 access through TDA.

Agricultural laboratory testing and retests

Laboratories performing testing for the TDA hemp program must meet its registration and applicable accreditation requirements. Agricultural testing must use appropriate validated methods, account for measurement uncertainty, and measure potential delta-9 THC using post-decarboxylation or another approved, similarly reliable method. The method must account for conversion of THCA to delta-9 THC and report the required dry weight result.

Chapter 24 also addresses sample chain of custody, laboratory retention of samples, direct electronic reporting to TDA and the license holder, and reporting of results exceeding the acceptable hemp THC level. The published rule requires retention of a sample for at least 30 business days from collection and reporting no later than the fourteenth business day from collection.

The retest provision allows the license holder to request a retest within five days after receiving the first result. The same laboratory must use the original sample, and the retest result is final under the rule. This is a retest of the existing sample; it is different from taking another crop sample because harvest was delayed.

Laboratory accreditation, federal registration requirements, and any applicable federal implementation extensions must be checked against current TDA and USDA laboratory instructions. A laboratory’s ability to issue a finished-product COA does not by itself establish authorization to conduct official TDA crop testing.

Authorities: 4 TAC §§24.24–24.29. Sources: TDA laboratory registration and program instructions; USDA hemp laboratory information.

Lot reports, other records, and notifications

TDA requires a lot report for every Lot Crop Permit issued no later than 30 days after the final sample is collected, or 180 days after the permit is issued, whichever occurs first.

The lot report identifies the account, facility, and lot; sample and test identifiers; disposition of the plants, including harvest, disposal, transplanting, distribution, processing, or sale; transport manifests; acreage or square footage; and whether living plants remain. Continued cultivation of remaining plants triggers the applicable new-lot requirements.

Hemp records must be retained for at least three years. Required categories include acquisition of seed or cultivars, production, handling, sampling and collection, disposal of plants above the permitted THC level, and transport or proposed transport, including manifests. Records must be available for inspection during reasonable business hours.

Chapter 24 also requires notification of theft of cannabis materials and notifications concerning interactions with covered authorities. Section 24.13 calls for notice of a covered authority interaction by telephone within 24 hours and written follow-up within three calendar days. License holders identifying protected confidential business information must follow the rule’s separate written-identification procedure; confidentiality is subject to Texas law and authorized information sharing.

Authorities: 4 TAC §§24.13, 24.18, 24.22. Sources: TDA lot-report instructions and form; Chapter 24 access through TDA.

Agricultural transport documentation and restrictions

A TDA-issued transport manifest is required for movement of hemp outside the facility where it is produced, including the separate manifest requirement for samples sent to a laboratory. TDA’s current program instructs producers to obtain a transport manifest after receiving compliant laboratory results when moving harvested hemp.

Hemp produced outside Texas and transported within Texas must be accompanied by valid documentation authorized by the originating state, Tribal jurisdiction, or United States territory. Agricultural plant shipments are subject to requirements distinct from those for finished packaged consumer products.

Transport requirements also address inspection of documentation by law enforcement, prohibited movement of plants containing regulated agricultural pests or diseases, and the prohibition on concurrently transporting non-hemp cargo with hemp plant material. Agriculture Code Chapter 122 provides civil and criminal consequences for specified transport violations, including falsification of required documentation.

Authorities: Agriculture Code §§122.351–122.360; 4 TAC §§24.39–24.43. Source: TDA transport instructions and governing-rule access.

Noncompliant crops, disposal, and enforcement

Plants exceeding the acceptable hemp THC level may not be sold or used as lawful hemp. TDA’s program directs producers to destroy noncompliant crops and submit the required disposal report. Chapter 24 addresses the reporting, approval, method, and documentation of disposal. Section 24.30 calls for the disposal report within seven days after receipt of a final result exceeding the acceptable level.

Negligent violations are subject to the applicable notice and corrective-action process. Corrective action must address the violations and demonstrate compliance, with the monitoring period required by the rule. Three negligent violations within five years trigger revocation and a five-year period of ineligibility under the specified provisions. Violations with a culpable mental state greater than negligence can lead to reporting to federal and state law enforcement as well as licensing or monetary consequences.

TDA’s rules provide for complaints, inspections, suspension, revocation, administrative penalties, and appeals. A suspended license holder may not continue production or handling, or remove the crop, without the required written authorization. A person appealing a denied license application must observe the applicable written appeal and adjudicatory-proceeding deadlines; Section 24.12 specifies a 30-day period for requesting a formal proceeding following denial of the administrative appeal.

THC thresholds governing whether a producer committed a negligent violation should not be represented as increasing the THC limit for a crop that may be sold as hemp. Likewise, a potential federal remediation pathway should not be assumed to authorize a Texas disposal or processing operation without the applicable state authorization.

Authorities: Agriculture Code §§122.401–122.404; 4 TAC §§24.12, 24.30–24.38. Sources: TDA disposal report and program requirements; USDA hemp compliance resources.

Agricultural license, participation, testing, and transport fees

Chapter 24 provides for initial and annual renewal license fees of at least $100, participation fees of at least $100 for the categories identified in the rule, including each facility, each lot, and processor registration, and a facility-modification fee of at least $500. These are the rule’s stated minimums; the amount charged for the specific application must be checked with TDA.

The rule lists $300 for sampling and collection performed by the department. License holders are responsible for contracted sampler charges, sample shipping or transport, and laboratory testing fees. TDA also establishes fees for transport manifests, seed or plant certification, organic certification, and optional marketing programs. These agricultural fees are separate from DSHS’s $10,000 consumable-hemp license and $5,000 retail registration fees.

Authorities: 4 TAC §§24.5–24.7. Sources: published licensing-fee rule; published sampling-fee rule; TDA applications.

Hemp seed

Seed sold, offered for sale, distributed, or used in Texas must be certified or approved under TDA’s requirements. Persons selling, possessing, holding, or purchasing agricultural hemp seed must meet the applicable hemp-license requirements. Sterilized seeds incapable of germination must be distinguished from viable planting seed and evaluated under the relevant statutory exceptions.

Hemp seed must meet Texas and federal seed-quality and labeling standards, applicable standards of the originating jurisdiction, and TDA’s additional requirements. The label must clearly state in English the variety, the seller or distributor, and the seed’s location and jurisdiction of origin.

Seed-origin records must be kept for five years, including the source from whom the seed was purchased, provenance and variety certification or approval, and the originating location and jurisdiction. The approval process for a variety requires the specified origin, breeding, stability, adaptation, and performance information. TDA may revoke approval of a variety that does not meet its standards.

Authorities: Agriculture Code §§122.251–122.252; 4 TAC §§24.44–24.48. Sources: TDA seed-variety application; published seed-labeling rule.

Nonconsumable industrial processing and research

A person intending to process nonconsumable hemp products must register with TDA. These products include such items as fiber, cloth, cordage, paper, fuel, paint, construction materials, and hemp-derived plastics. Industrial-processor registration does not authorize manufacture of finished consumable cannabinoid products.

Texas A&M University and eligible Texas institutions of higher education may apply for a hemp research license. The research provisions require the applicable application, fees, and research plan identifying the research purpose, locations, varieties, and other requested information. The annual plan must describe the previous twelve months’ research activities and results, subject to the rule’s provision for protection of trade-secret or patent information.

Authorities: Agriculture Code Chapter 122; 4 TAC §§24.19, 24.49–24.50. Sources: TDA processor-registration access; Texas Agriculture Code Chapter 122.

17. Local regulation and consumer protections

Limits on local hemp prohibitions

Health and Safety Code Section 443.003 prohibits municipalities, counties, and other political subdivisions from adopting or enforcing a rule, ordinance, order, resolution, or other regulation that prohibits hemp processing or the manufacture or sale of consumable hemp products as authorized by Chapter 443.

The qualification matters. This provision should not be presented as authorization to sell prohibited or noncompliant products, or as a blanket exemption from ordinary health, building, fire, or other applicable requirements. DSHS expressly recognizes local regulation of ordinary retail food, drug, cosmetic, and device activities.

Authority: Health and Safety Code §443.003. Sources: Chapter 443; DSHS FAQs.

False compliance claims and cannabinoid oils

Health and Safety Code Section 443.203 identifies specified cannabinoid-oil conduct as a false, misleading, or deceptive practice actionable under the Texas Deceptive Trade Practices–Consumer Protection Act.

The provision includes selling, offering for sale, or distributing a cannabinoid oil while claiming compliance with Chapter 443 when it was not processed or manufactured in accordance with that chapter. It also addresses cannabinoid oil containing harmful ingredients, produced outside the required lawful hemp framework, or exceeding the statutory delta-9 THC concentration.

These consumer-protection provisions are additional to agency inspection and licensing enforcement. A COA, hemp license, or general “Texas compliant” statement should accurately correspond to the actual product, batch, and applicable requirements.

Authorities: Health and Safety Code §443.203; Business & Commerce Code Chapter 17, Subchapter E. Source: Chapter 443.

18. Official sources and related THBC resources

Statutes and agency requirements

• Texas Health and Safety Code Chapter 443: Manufacture, Distribution, and Sale of Consumable Hemp Products.
• Texas Health and Safety Code Chapter 431: Texas Food, Drug, and Cosmetic Act.
• Texas Agriculture Code Chapter 121: State Hemp Production Plan.
• Texas Agriculture Code Chapter 122: Cultivation of Hemp.
• DSHS laws and rules directory, including access to the current Chapter 300 and product-category rules.
• DSHS adopted March 2026 Chapter 300 rule text. This document contains the March amendments and new provisions; unchanged Sections 300.104 and 300.401 must also be consulted in the current chapter.
• DSHS consumable hemp program and current notices.
• DSHS frequently asked questions. Some older explanatory answers should be read together with the March amendments and newer notices.
• DSHS manufacturing-license process.
• DSHS license and registration verification.
• Texas July 2026 controlled-substance scheduling notice.
• Texas Supreme Court decision in DSHS v. Sky Marketing Corp..
• Texas Comptroller’s e-cigarette legislation and enforcement guidance.
• Senate Bill 2024, enacted text.
• TABC current consumable hemp requirements.
• TABC June 2026 adoption of Section 35.7.
• TABC October 2026 proposed amendments, which are not yet adopted requirements.
• TDA agricultural hemp program, forms, and access to adopted rules.
• USDA state and Tribal plan information.
• DSHS retail food program.
• Office of the Texas State Chemist.

Chapter 300 section index

This index identifies every Chapter 300 section addressed by this reference. It helps readers find the legal provision behind the subject they are reviewing.

Related THBC resources

• DSHS Publishes New Rules to Regulate the Texas Hemp Industry.
• THBC Lawsuit Update: December 8 Oral Argument Set, Amicus Brief Supports Industry’s Challenge.

This reference reflects the sources and enforcement status reviewed on October 12, 2026. Court orders, agency actions, and legislation can change those requirements. Readers should check the review date and linked current notices when using the page.

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