TITLE 25. HEALTH SERVICES

OG article by Shaun Salvaje

December 26, 2025

According to a filing submitted to the Texas Secretary of State, the Executive Commissioner

of the Texas Health and Human Services Commission—on behalf of the Department of State

Health Services—has proposed amendments to Title 25, Chapter 300, the rules governing the

manufacture, distribution, and retail sale of consumable hemp products in Texas.

These rules trace back to House Bill 1325, which created Texas Health and Safety Code

Chapter 443, and the current Chapter 300 rules have been in effect since August 2, 2020.

The state says this update is driven by Governor Greg Abbott’s Executive Order GA-56, issued

September 10, 2025, directing DSHS to amend the rules to:

● prohibit the sale of consumable hemp products to minors,

● add age verification requirements,

● update testing requirements, and

● update record-keeping requirements.

Here are the biggest proposed changes stakeholders need to know:

First—a major fee increase.

The proposal increases the initial and renewal licensing fees for consumable hemp

manufacturers to $25,000 annually, and increases retail registration fees to $20,000 annually

per location.

Second—expanded inspection access.

The proposal adds a written consent requirement for the Texas Alcoholic Beverage

Commission, or TABC, to enter premises to conduct physical inspections—for both

manufacturers and retail hemp registrants.

And under the application provisions, written consent is required for entry by DSHS, DPS,

TABC, and other law enforcement agencies for inspections or compliance checks.

Third—new age restrictions and enforcement.

The proposal defines a minor as anyone under 21, prohibits selling consumable hemp products containing hemp-derived cannabinoids to minors, requires valid identification before purchase,

and establishes sales to minors as grounds for license or retail registration revocation—with a

limited exception when a minor presents apparently valid identification.

Fourth—major updates to testing and product documentation.

The proposal outlines testing requirements for raw hemp, hemp-derived ingredients, and

finished consumable hemp products, including testing for cannabinoids, contaminants like

heavy metals and pesticides, and THC-related measures including delta-9 THC, total delta-9

THC, and total THC.

The text also adds definitions for THCA, total THC, and total delta-9 THC, and defines

“acceptable hemp THC level” as a total delta-9 THC concentration on a dry-weight basis

that—when reported with the lab’s measurement of uncertainty—includes a result of 0.3% or

less.

Fifth—transport restrictions.

The proposal adds language prohibiting the transport into Texas—for further processing within

Texas—of ingredients containing THC above 0.3%.

Sixth—packaging and labeling changes.

Labels would have to include a URL linking to a certificate of analysis, including the amount of

cannabinoid per serving or unit, total THC, and total delta-9 THC, plus recommended serving

size in milligrams and servings per container.

The proposal also adds specific warning statements—like “keep out of reach of children,” and

warnings about THC and drug tests, psychoactive effects, pregnancy and nursing, and FDA

evaluation.

And it adds new packaging requirements: tamper-evident, child-resistant, resealable when

needed, and non-attractive to children, with specific restrictions on kid-attractive edible shapes

and packaging— including packaging that imitates products primarily marketed to minors or

includes an image of a celebrity.

Now—here’s what lawmakers and voters should pay attention to next:

The state’s fiscal note estimates $2B per year in increased revenue for each of the next five

years tied to enforcing and administering these rules. To make $2B, Texas would cut an $8-10B

market that is currently thriving, with hemp flower included, diverting $6B to illicit market

competition. How does that make sense?

The agency’s small business analysis says there will be an adverse economic effect on small

businesses, micro-businesses, and rural communities due to higher fees and compliance

costs—estimating about 9,900 entities would be subject to the rules, with a projected total

economic impact of $202,050,000 per year for the first five years. The state’s math isn’t

mathing as these proposed changes would remove cannabis flower from being sold at retail

stores, putting a majority of local store owners out of business.

Public comments are open. Written comments can be mailed, hand-delivered, or emailed

to HHSRulesCoordinationOffice@hhs.texas.gov.

To be considered, comments must be submitted no later than 31 days after the date of

this issue of the Texas Register, and when emailing comments, the subject line should

read: “Comments on Proposed Rule 26R008.”

High at 9 News will continue tracking this proposal and what it means for Texas farmers,

retailers, manufacturers, and consumers as the conversation unfolds on January 9th.