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Relating to the production and regulation of hemp and consumable hemp products; providing administrative penalties; creating a criminal offense.
Estimated Two-year Net Impact to General Revenue Related Funds for HB 3948, Committee Report 2nd House, Substituted : a negative impact of ($1,952,267) through the biennium ending August 31, 2023.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
HB 3948 would require the Department of Agriculture to issue a license to any Texas institution of higher education that requests the license for hemp research purposes. A Texas institution of higher education may not sell or transfer hemp to another person unless the institution complies with the regulatory requirements. Higher education institutions would be exempt from certain license and fee requirements related to cultivating hemp products.
HB 3948 would require that a laboratory that performs testing on hemp cultivation must report the delta-9 tetrahydrocannabinol concentration, the total tetrahydrocannabinol concentration, and the concentration of any other federally regulated cannabinoid of the sample on a dry weight basis and the measurement of uncertainty in the test result. This bill would prohibit the sale or manufacturing of any hemp product that exceeds delta-9 tetrahydrocannabinol limits or has an intoxicating effect.
HB 3948 would allow a person whose license is suspended or revoked after planting hemp plants to obtain preharvest or postharvest testing and to harvest the plant in the same manner as a license holder. If a person is caught cultivating hemp without a license they may receive a warning, penalty or criminal prosecution in a case of numerous violations. This bill would allow the Texas Department of health and safety to provide an expedited licensing process.
This bill would also give the Department of Agriculture the authority to certify plants and seeds.
HB 3948 would allow the transportation of consumable hemp and hemp seedling, clones, or cuttings into this state and allow license holders to obtain and cultivate and transplant them. This bill would also create the consumable hemp products account in the general revenue fund for the administration and enforcement of this the related powers and duties of the department.