1. (a) This chapter does not apply to low-THC cannabis regulated under Texas Health and Safety Code Chapter 487.

2. (b) Regardless of any other law, a person must not sell, offer for sale, possess, distribute, or transport a consumable hemp product in this state if the consumable hemp product contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 United States Code (U.S.C.) Chapter 38, Subchapter VII, and:

   1. (1) a representative sample of the consumable hemp product has been tested by an accredited laboratory and found to have a total delta-9 THC concentration of 0.3% or less on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3% or less; and
   2. (2) testing results are provided to the department upon request.

3. (c) The department must conduct random testing of consumable hemp products at various retail and other facilities that sell or distribute products to ensure the products:

   1. (1) do not contain harmful ingredients;
   2. (2) are produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
   3. (3) have a total delta-9 THC content concentration level on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3% or less.
4. (d) Upon request by the department, the manufacturer, processor, distributor, or retailer of consumable hemp products must provide representative raw or finished consumable hemp product samples to the department. These samples must be provided at the licensee's or registrant's expense.

Source Note:The provisions of this §300.302 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.