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Bill

HB 28

Relating to the regulation of consumable hemp products and providing for the transfer of regulatory functions; requiring a registration; imposing fees; creating criminal offenses; providing an administrative penalty.

89th Legislature (2025)

Texas would regulate consumable hemp products through mandatory registration, fees, and criminal penalties, establishing state oversight of a currently unregulated market.

Left pending in committee
#alcoholicbeveragecommission #texas(v0472) #crimes--drugs(i0185) #fees&othernontaxrevenue--state(i0362) #hemp(s0907) #health--general(i0385) #occupationalregulation--othertrades&professions(i0541) #packaging&labelingrequirements(s0339) #publicsafety #departmentof(v0251) #statehealthservices #departmentof(v0463) #tobaccoproducts(i0818)
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WeVote Research Nonpartisan
Bill Summary · HB 28

Legislative bill overview

HB 28 establishes state regulatory oversight for consumable hemp products in Texas by requiring product registration, implementing a fee structure, and transferring regulatory authority over hemp commerce. The bill creates new criminal offenses and administrative penalties for non-compliance with hemp product regulations.

Why is this important

Hemp-derived products (including delta-8 THC, delta-10 THC, and other cannabinoids) currently operate in a regulatory gray zone in Texas, creating consumer safety concerns and enforcement challenges. This bill would create the first comprehensive state framework to track, test, and regulate these products—affecting producers, retailers, and consumers in a multi-billion-dollar industry.

Potential points of contention

  • Regulatory scope and federal conflict: Hemp is federally legal under the 2018 Farm Bill, but state-level restrictions on specific cannabinoids could create tension between state and federal law, particularly regarding product types currently sold legally
  • Fee structure and market impact: Registration and compliance fees may disproportionately burden small producers and retailers, potentially consolidating the market toward larger companies with resources to absorb costs
  • Criminal penalties: The bill's criminal offense provisions raise questions about enforcement levels—whether violations result in misdemeanors or felonies, and whether penalties apply to retailers, producers, or both

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

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