Texas has adopted emergency rules to stop the sale of hemp-based products that are intoxicating to those under 21.
Following similar restrictions implemented late last year by the Texas Alcoholic Beverage Commission, the Department of State Health Services of the State of Texas (DSHS), announced Friday they have moved forward to implement policy changes in compliance with the Governor’s recent Executive Order on hemp.
The rules state that a minor is a person who has not reached the age of 21. They also require hemp consumable sellers to check that purchasers possess a valid identification card proving they have attained 21. In addition, violations can result in penalties such as revocation of a registration or license.
These rules will be in effect for 120 calendar days. There is a possibility to extend this period by 60 additional calendar days.
The department stated that “DSHS is also in the process of proposing rules permanent to implement age requirements and other aspects” of the governor’s executive orders. As part of this process, public comments will be accepted on the proposed rules during a scheduled public hearing.
Two agencies have issued similar rules because TABC regulates only retailers who sell alcohol (such as liquor stores, convenience stores, and grocery stores) and does not have jurisdiction over places like smoke shops or other hemp-only stores.
Heather Fazio, director of the advocacy group Texas Cannabis Policy Center, told MEDCAN24 on Friday that the “hodgepodge” of regulatory changes under different departments “highlights the government’s reluctance to just accept cannabis as a legal commodity.”
She said that instead of “duplicating efforts” and “cross-talking” between agencies it would “be so much more efficient if there was a general cannabis regulatory authority.”
(Disclosure: Fazio supports MEDCAN24’s work via monthly Patreon pledges.)
It comes against the backdrop of unfruitful attempts to ban hemp products that contain any quantitative amount of THC.
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The head of Texas Department of Agriculture (TDA), however, rebuffed a GOP senator this week for his “incorrect assertions”. He was referring to the fact that the Texas Department of Agriculture is in compliance with the federal hemp law. He also hinted that the “total” THC content of hemp products could be measured differently in the future, which some industry stakeholders fear will negatively affect the industry.
Governor Abbott (R) signed the executive order to impose certain restrictions on the market. The bill was controversial and sought to prohibit hemp products that contain THC. Greg Abbott signed the Executive Order to place certain restrictions on market.
Meanwhile, a recent survey from a GOP pollster affiliated with President Donald Trump found that Texas Democratic and Republican voters are unified in their opposition to the hemp ban proposal.
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