Texas Bans Smokable CBD

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Hemp and all hemp-derived products, like CBD, were legalized on the federal level with the 2018 Farm Bill. To support this movement on the state level, Governor Greg Abbott signed House Bill 1325 into law last summer, which authorized the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas. Together, the 2018 Farm Bill and House Bill 1325 helped clear the way for license and registration holders of consumable hemp products, like Texas Tonix, to provide consumers like you with premium CBD products that better the quality of your life. 


Code 300.104 – Ban on Smokable Hemp Products


On July 20, 2020, the Texas Department of State Health Services confirmed that the retail and distribution of smokable hemp products had been banned in Texas by code 300.104. This new code means that nobody in Texas will be able to legally sell or distribute smokable hemp products like pre-roll or vape cartridges through warehouse wholesale distribution or in-store, face-to-face sales. Code 300.104 also requires e-commerce hemp retailers to register with the state in order to continue selling consumable hemp products in Texas.


The Texas Department of State Health Services stated that “Properly tested and labeled hemp flower, marketed for use other than smoking, does not fall under the retail ban called for in code 300.104.” This means that hemp and CBD products can not be advertised in a way that shows intent to smoke.


Code 300.104 officially went into effect last Friday, August 2, 2020, despite the thousands of hemp industry members in stark opposition to it. 


Opposition to Code 300.104


CBD and hemp have several key health benefits that help to improve a person’s quality of life. Hemp and CBD have successfully treated and alleviated pains and ailments such as seizures, anxiety, arthritis, cancer-related symptoms, and much more. Because of its many benefits, the DSHS received over 1,000 comments, emails, and letters from hemp farmers and distributors in opposition to code 300.104. The main reasons for opposition were:

  • The ban negatively impacts businesses already selling smokable hemp products.

  • Many people rely on smokable CBD to rapidly relieve medical conditions.

  • Code 300.104 is unconstitutional under the Texas Farm Bill.


Four Texas companies are suing to overturn the state’s ban on the manufacture and sale of smokable hemp products. These CBD companies have multiple claims that the ban on Smokable Hemp products will negatively affect the economy and people’s health.


Texas Tonix


While legislation keeps changing, Texas Tonix continues to offer a premium selection of non-smokable CBD products such as tinctures, edibles, lotions, pet treats, raw flower and much more! All of our products have been 3rd party lab tested and certified to ensure that you are receiving the best supplements for you or your pet. Shop online or in-store from Texas Tonix!

Photo courtesy of https://gov.texas.gov/

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