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SB 39

Relating to creating the criminal offenses of marketing or packaging of consumable hemp products in a manner attractive to minors and misleading consumable hemp packaging.

89th Legislature, 1st Called Session (2025) Introduced by Judith Zaffirini

Texas bill criminalizes marketing or packaging consumable hemp products to appeal to minors or with misleading labels to reduce youth access and prevent false health claims.

Filed
#crimes--drugs(i0185) #hemp(s0907) #packaging&labelingrequirements(s0339)
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WeVote Research Nonpartisan
Bill Summary · SB 39

Legislative bill overview

SB 39 establishes two new criminal offenses in Texas related to consumable hemp products: marketing or packaging them in ways designed to appeal to minors, and using misleading packaging labels. The bill aims to regulate how hemp-derived products (like CBD and delta-8 THC) are presented to consumers and distributed in the market.

Why is this important

Hemp-derived products have proliferated in Texas retail environments with minimal federal oversight, and some products use cartoon characters, bright colors, or candy-like appearances that regulators argue attract minors. Clear labeling requirements and restrictions on youth-oriented marketing could reduce accidental pediatric consumption and prevent misrepresentation of product contents and potency, which has been linked to emergency room visits.

Potential points of contention

  • Free speech concerns: Restrictions on packaging design and marketing may face First Amendment challenges, particularly defining what constitutes "attractive to minors"
  • Enforcement burden: Creating new criminal offenses requires clear definitions—ambiguous standards like "attractive to minors" could lead to inconsistent prosecution and litigation
  • Industry impact: Legitimate hemp retailers could face significant compliance costs or retroactive penalties if they must redesign existing inventory and marketing materials

Compiled from official sources — confirm details with the bill’s official record.

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