[[{“value”:”Every four years, Texas agencies must conduct a review of their regulations. That time has come for the Department of State Health Services and its rules regulating the manufacturing, distribution and retail sale ofconsumable hemp products, such as CBD,delta-8 THCand delta-9 THC. Notice of the review was published in the Texas Register on March 13.
The 2018 Farm Bill legalized hemp, defining it as cannabis with 0.3% delta-9 THC or less. Delta-9 is the chief psychoactive component in weed that gets users high. Delta-8 is a less potent form of THC. Texas defined hemp similarly in its House Bill 1325, which also set rules for consumable hemp products in the state. These are the rules up for review.
During this review, the agency can readopt, readopt with amendments or repeal certain regulations. Cynthia Cabrera, chief strategy officer of the hemp manufacturer Hometown Hero, said the Department of State Health Services did not indicate in its Texas Register notice that it would be making any changes, but it still could. That’s why Cabrera is urging people to send in public comments about the potential rule changes.
So, exactly what’s at stake here? “The worst case scenario is that millions of people who depend on these products are deprived of them,” Cabrera said. For the most part, she’s hoping no changes will come out of this review. She said there’s a lot going on with the hemp industry right now. Lt. Gov. Dan Patrick just made banning or regulating delta-8 and delta-9 a legislative priority. The Farm Bill is up for reauthorization and could bring regulatory changes to consumable hemp products. And Hometown Hero still has a lawsuit pending against the Department of State Health Services over the legality of THC isomers like delta-8.
“The worst case scenario is that millions of people who depend on these products are deprived of them.” – Cynthia Cabrera, Hometown Hero
tweet this “That is a lot of stuff to heap on an industry,” Cabrera said. “That is a lot of regulatory challenges for a pretty new industry to have to deal with. I mean, we’re still trying to get stability here. We’re still trying to understand the landscape from a legislative perspective. So, making a change at this juncture would be very problematic.”
There are some positive changes that could be made, though, she said. The Department of State Health Services could require manufacturers and retailers to age-gate and childproof their products.
A bill filed in the last legislative session would have prohibited the sale of consumable hemp products to people under 21, but it didn’t get enough support to pass. There are indications that people under 21 are getting their hands on these products across the country. A national survey of high school seniors found that 11% had used delta-8 THC. Additionally, national poison control centers have recorded people under 18 possessing these products.
“I think if those two things [age-gating and child-resistant packaging] were added, it would make Texas the best regulated state in terms of hemp in the country,” Cabrera said. “I mean, those are two commonsense things that really just close the loop on good commonsense regulation that supports industry, balances consumer safety and gives everybody what they want.”
It’s still uncertain what will come out of this review, but you can have an impact on it by submitting a public comment about how hemp has helped you, Cabrera said. Public comments must be received by the Department of State Health Services by 5 p.m. on April 22. They can be sent to the Department of State Health Services by mail (mail code 4102, P.O. Box 13247, Austin, Texas 78711-3247) or email ([email protected].) If emailing, write “comments on proposed rule review chapter 300” in the subject line.
“}]] Consumable hemp products have exploded in popularity since they were legalized in Texas. New regulations could put a stop to all the fun. Read More