Consumable Hemp Program

On June 24, 2022, the Texas Supreme Court upheld the Texas statute that prohibits the “processing or manufacturing of a consumable hemp product for smoking” (Health and Safety Code, Section 443.204(4)) in Texas. At the same time, the lower court’s injunction remains, which allows the distribution and retail sale of consumable hemp products for smoking. For more information, view the Frequently Asked Questions webpage.

FDA alert regarding recall of all Diamond-Shruumz-brand products, including chocolate bars, cones, gummies

The U.S. Food and Drug Administration issued an alert on June 11, 2024 regarding its ongoing investigation of a series of illnesses and adverse reactions related to the consumption of Diamond Shruumz-brand chocolate bars, cones and gummies. On June 27, 2024, the manufacturer recalled all Diamond Shruumz-brand products because of possible health risk. These products should not be sold, consumed or served. To learn more, view the FDA alert.

Licensing and Registration

DSHS uses an online process to license consumable hemp manufacturers and distributors and register retail sellers of CHPs.
See criteria below to determine whether you need to obtain a DSHS Retail Hemp Registration or a Consumable Hemp Product License.

The DSHS Retail Hemp Registration is required if a seller:

A retail hemp registration for consumable hemp products is a one-year registration and costs $155 per location.
Retail sells CHPs and doesn’t make any changes, which includes adding a company name, to the hemp product or its packaging.
Retail sells CHPs online (not through a storefront location) and doesn’t make any changes, which includes adding a company name, to the hemp product or its packaging.

Registration applicants are not required to undergo a Federal Bureau of Investigation fingerprint criminal background check.

To view requirements and instructions on this process, view the DSHS Retail Hemp Registration Guide (PDF). View this document before starting the registration process.
To complete the DSHS Retail Hemp Registration process, visit the DSHS Business and Professional Licenses webpage. The CHP Licensing Flowchart (PDF) provides guidance on which license or registration is appropriate for individual businesses. This chart provides the interpretation of DSHS’s regulations and is subject to change. If you do not see your specific situation reflected on the chart, email hemplicensing@dshs.texas.gov.

A DSHS Consumable Hemp Product License is required if:

CHPs are manufactured. Manufacturing includes the following activities: preparing, compounding, processing, packaging, repackaging, labeling and relabeling.
The retailer white labels or private labels the CHPs, which is when a business places its own label (name and address) on a product physically manufactured by another business.
The retailer repackages CHPs, labels a container of CHPs, or relabels a container of CHPs.
A consumable hemp products license for manufacturing, processing and distribution of a consumable hemp product is a one-year license and costs $258 per location.

For a list of requirements and guidance on this process, view the DSHS Consumable Hemp Product License Process webpage. Please view this information before starting the licensing process.
To complete the DSHS Consumable Hemp Product License process, visit the DSHS Business and Professional Licenses webpage.

Replacement License Document

If you lost your license, follow the steps below to print a replacement document. You will need to know your license number or ownership name.

Visit the DSHS Online Licensing Services webpage.
Click on the “license search” link under the “Check License Status or Search for a License” category.
Select a search method.
Enter the required information denoted by a red asterisk (*).
Click the white checkbox next to “I’m not a robot” under the “Security Measures” section.
Complete the reCaptcha/Security prompts.
Click on the Search button.
Click on your ownership name.
Click the Print button on the lower right side of the screen.

Post this document in the location of your original license certificate.

If you need to update information on your license, email Foods Licensing Branch or Drug & Food Safety Licensing Branch for assistance.

This document does not extend your license expiration date. It maintains the same expiration date as the original document.

Consumable Hemp Products

A CHP is defined as any product processed or manufactured for consumption that contains hemp, including food, a drug, a device and a cosmetic. It does not include any consumable hemp product containing a hemp seed, or hemp seed-derived ingredient used in a manner generally recognized as safe by the U.S. Food and Drug Administration. CHPs cannot contain more than 0.3 percent concentration of Delta-9 tetrahydrocannabinol (THC).

Some examples of CHPs are: