HB 4238 for Texas was authored and filed by Klick on March 8th, 2023 in an attempt to modify and correct issues with the state's hemp (CBD, Delta 8, HHC) industry. While some aspects of the House Bill such as an expedited licensing process are useful to the industry other aspects show a lack of understanding of the plant and how the industry should evolve to actually address the concerns.
Long overdue is stricter testing and labeling requirements to ensure safety and transparency to consumers navigating industry products; something The Hemp Collect and our portfolio of brands including Modern Herb Co- have done since the beginning.
Another worthwhile consideration is better control of the age restrictions for people purchasing and consuming these products to limit to anyone above the age of 18 or 21.
With a booming black market, it's hard to believe there aren't ulterior motives to this bill which clearly doesn't address the primary issues facing the state.
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As we have seen from being in the cannabis market in Oregon, and California as well as unlegalized states like North Carolina and Texas- the black market is far more dangerous, and restricting access to hemp industry products only fuels black market purchases and trade.
The biggest downside of this is that highly unsafe products end up in the hands of consumers.
- Black market products have absolutely no oversight (obviously) and reduced morality and we have witnessed MANY unethical people in that industry doing heinous things to protect their profit and/or to increase the value of their goods which ranges from (we've seen all the following with our own eyes this is not speculation):
- Spraying cancerous pesticides onto "exotic" flower to protect their crop from being decimated by pests. Many consumers purchasing black market flower defend that the flower they purchase is too high quality to be covered in cancerous pesticides but let's consider that the nicer the flower is the more the grower stands to lose if its all lost to pests (which is very common) and those growers are even more incentivized to protect their crop by any means. We have seen flower of all quality being sprayed- this is a serious issue that should not be overlooked by consumers or legislation working to ban access to more legitimate products
- Shaking baking powder all over the flower to increase the 'frostiness' of the flower so it has a higher value
- Spraying the flower with seven up or Sprite to make it sticky and more aromatic so it goes for more money on the black market
- Using unsafe fillers like Vitamin E to cut cannabis distillate carts to increase their profit per cart
- Selling untested distillate for filling black market carts. Distillates are made using solvents that are extremely dangerous to consume and testing is essential to ensure all solvents are removed from the final distillate before reaching a consumer. Untested distillate can likely contain dangerous solvents which then go into carts for sale on the black market
The most detrimental section of the bill is the following, which again doesn't address the primary issues stemming from the sale of these products:
In this state, it is prohibited for any individual to manufacture, sell, or purchase a consumable hemp product that meets the following criteria:
- It contains delta-9 tetrahydrocannabinol (THC) in a concentration exceeding 0.3 percent on a dry weight basis.
- It contains synthetically derived tetrahydrocannabinol, including synthetically derived acids, isomers, or salts of tetrahydrocannabinol, as defined by department rule (this includes Delta 8, HHC, and other 'alt-cannabinoids')
- It has had additional tetrahydrocannabinol applied to the product, resulting in a concentration greater than 0.3 percent on a dry weight basis.
If you feel like having access removed to plant medicine is not the correct action to take here we request you spend 30 seconds signing a petition:
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The bill, titled 88R451 BEF-D, is related to the production, sale, distribution, delivery, and regulation of consumable hemp products.
- Section 1 of the bill adds Sections 443.005 and 443.006 to Subchapter A, Chapter 443 of the Health and Safety Code.
- Section 443.005 establishes the Consumable Hemp Products Account, which is administered by the department and funded by appropriations, gifts, fees, penalties, and other sources.
- Section 443.006 sets restrictions on the tetrahydrocannabinol (THC) content of edibles prohibiting the sale, purchase, or manufacture of products with concentration exceeding 0.3% THC on a dry weight basis, or containing synthetic tetrahydrocannabinol such as Delta 8, HHC, and others
- Section 2 amends Section 443.103 of the Health and Safety Code, specifying requirements for license applications, including the physical address of processing or manufacturing locations and consent for inspections.
- Section 3 adds Section 443.106, authorizing the department to establish an expedited licensing process for purchasers of businesses that require a license.
- Section 4 amends Section 443.152, granting the executive commissioner the authority to exclude certain substances from testing requirements if they pose no risk of contaminating finished consumable hemp products.
- Section 5 amends Section 443.201, allowing the transport and delivery of consumable hemp products to compliant consumers without requiring a license or registration, unless the person also processes or sells the product.
- Section 6 amends Section 443.2025, requiring registration for selling or distributing consumable hemp products containing cannabinoids, with exceptions for employees, independent contractors, and out-of-state sellers.
- Section 7 adds Subsection (c) to Section 443.203, deeming it a false, misleading, or deceptive act if a person claims a consumable hemp product is made in Texas but less than 75% of the hemp is grown and processed in the state.
- Section 8 amends Section 443.205(a), specifying labeling requirements for consumable hemp products containing cannabinoids, including batch information, product name, certificate of analysis URL, manufacturer name, and THC concentration certification.
The Act will take effect on September 1, 2023
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