1. (a) A person must hold a consumable hemp products license issued by the department before engaging in manufacturing or processing of consumable hemp products. A person must hold a wholesaler license per Texas Health and Safety Code (HSC) Chapter 431 before engaging in the distribution of consumable hemp products.

2. (b) A person must apply for a consumable hemp products license by submitting an application to the department for each location engaged in manufacturing or processing consumable hemp products. The application must include:

   1. (1) a legal description of each location, including the global positioning system coordinates for the perimeter of each location:

      1. (A) where the applicant intends to manufacture or process consumable hemp products; and
      2. (B) where the applicant intends to store consumable hemp products;
   2. (2) written consent from the applicant or property owner, if the applicant is not the property owner, for the department, the Department of Public Safety, Texas Alcoholic Beverage Commission, and any other state or local law enforcement agencies to enter all premises where consumable hemp is manufactured, processed, or delivered for physical inspection or to ensure compliance with this chapter; and
   3. (3) a fingerprint-based criminal background check from each applicant at the applicant's expense.
3. (c) If the applicant has been convicted of a felony relating to a controlled substance under federal law or the law of any state within 10 years before the date of application, the department must not issue a consumable hemp products license under this subchapter.
4. (d) If the department receives information that a license holder has been convicted of a felony relating to a controlled substance under federal law or the law of any state within 10 years before the license was issued, the department must revoke the consumable hemp products license.
5. (e) A person holding a consumable hemp products license under this subchapter must undergo a fingerprint-based criminal background check at the person's own expense.

6. (f) Applications must contain the following information:

   1. (1) the name of the license applicant;
   2. (2) the business name, if different from the applicant's name, and any other names under which the firm does business, if applicable;
   3. (3) the mailing address of the business;
   4. (4) the street address of the facility;
   5. (5) the primary business contact telephone number;
   6. (6) the personal email address of the applicant; and
   7. (7) the email address of the business, if different than the applicant's email address.
7. (g) If a person owns or operates two or more facilities, each facility must have a separate license with its own application form, listing the name and address of each facility.
8. (h) Applicants must submit an application for a consumable hemp products license request under this subchapter electronically through www.Texas.gov. The department is authorized to collect fees to recover costs associated with application and renewal application processing through www.Texas.gov.
9. (i) All fees required by the department must be submitted with the application.
10. (j) Applicants must provide any additional information required by the department, as specified on the application forms.
11. (k) The facility must display the consumable hemp products license issued by the department in an obvious and conspicuous public location.

Source Note:The provisions of this §300.201 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.