The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the amendment to §300.104, concerning Manufacturing and Processing of Hemp Products for Smoking. The amendment to §300.104 is adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1513). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment to §300.104 removes the prohibition of "distribution" and "retail sale" of hemp products for smoking.

House Bill 1325, 86th Legislature, Regular Session, 2019, established Texas Health and Safety Code, Chapter 443, Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). Texas Health and Safety Code §443.204(4) prohibits "the processing or manufacturing of a consumable hemp product for smoking."

On June 24, 2022, as a result of Texas Dep't of State Health Servs. v. Crown Distrib. LLC, 647 S.W.3d 648 (Tex.2022), the Texas Supreme Court upheld the ban on the manufacturing and processing of consumable hemp products for smoking within the state of Texas. The amendment complies with the ruling in Texas Dep't of State Health Servs. v. Crown Distrib. LLC and Texas Health and Safety Code §443.204(4).

COMMENTS

The 31-day comment period ended on Monday, April 17, 2023.

During this period, DSHS did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The amendment is authorized by Texas Health and Safety Code, Chapter 443, which provides that the Executive Commissioner of HHSC may adopt rules for the efficient enforcement of Texas Health and Safety Code, Chapter 443; and Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services by DSHS, and for the administration of Texas Health and Safety Code, Chapter 1001.