SECTION 300.302. Sample Analysis of Consumable Hemp and Certain Cannabinoid Oils

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

(b) Notwithstanding any other law, a person shall not sell, offer for sale, possess, distribute, or transport a consumable hemp product in this state, including CBD oil, 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, unless:

(1) a representative sample of the oil has been tested by an accredited laboratory and found to have a delta-9 tetrahydrocannabinol 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 percent or less; and

(2) testing results are provided to the department upon request.

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

(1) do not contain harmful ingredients;

(2) are produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and

(3) have a delta-9 tetrahydrocannabinol 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 percent or less.

(d) Upon request by the department, the manufacturer, processor, distributor, or retailer of consumable hemp products shall provide representative raw or finished consumable hemp product samples to the department.

(e) Representative raw or finished consumable hemp product samples shall be provided to the department at owner, license holder, or registrant expense.

Source Note: The provisions of this §300.302 adopted to be effective August 2, 2020, 45 TexReg 5195