Tex. Codes » Agriculture Code · TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · SUBTITLE F. HEMP · CHAPTER 122. CULTIVATION OF HEMP
Texas Codes

Tex. Agric. Code § 122.301 (2026)

Manufacture

✓ current as of May 2026
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Sec. 122.301. MANUFACTURE. (a) Except as provided by Subsection (b), a state agency may not prohibit a person who manufactures a product regulated by the agency, other than an article regulated under Chapter 431, Health and Safety Code, from applying for or obtaining a permit or other authorization to manufacture the product solely on the basis that the person intends to manufacture the product as a nonconsumable hemp product.

(b) A state agency may not authorize a person to manufacture a product containing hemp for smoking, as defined by Section 443.001, Health and Safety Code.

Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Texas Dep't of State Health Servs. & John Hellerstedt, in His Off. Capacity as Comm'r of the Texas Dep't of State Health Servs. v. Crown Distrib. LLC Am. Juice Co. LLC Custom Botanical Dispensary, LLC & 1937 Apothecary, LLC (Tex. App. 2021).
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Texas Dep't of State Health Servs. & John Hellerstedt, in His Off. Capacity as Comm'r of the Texas Dep't of State Health Servs. v. Crown Distrib. LLC Am. Juice Co. LLC Custom Botanical Dispensary, LLC & 1937 Apothecary, LLC (Tex. App. 2021). · cites it 3× “207 (“Manufacture, Distribution, and Sale of Consumable Hemp Products”); see also Tex. Agric. Code § 122.301(b) (“A state agency may not authorize a person to manufacture a product containing hemp for smoking, as defined by Section 443.”
Texas Dep't of State Health Servs. John Hellerstedt, in His Off. Capacity as Comm'r of the Texas Dshs v. Crown Distrib. LLC Am. Juice Co., LLC Custom Botanical Dispensary, LLC 1937 Apothecary, Llc (Tex. 2022). · cites it 2× “” TEX. AGRIC. CODE § 122.301(b). And chapter 443 requires the commissioner’s rules to reflect the “principle” that “the processing or manufacturing of a consumable hemp product for smoking is prohibited.”
— Tex. Agric. Code § 122.301(b) — 2 cases
Texas Dep't of State Health Servs. & John Hellerstedt, in His Off. Capacity as Comm'r of the Texas Dep't of State Health Servs. v. Crown Distrib. LLC Am. Juice Co. LLC Custom Botanical Dispensary, LLC & 1937 Apothecary, LLC (Tex. App. 2021). “207 (“Manufacture, Distribution, and Sale of Consumable Hemp Products”); see also Tex. Agric. Code § 122.301(b) (“A state agency may not authorize a person to manufacture a product containing hemp for smoking, as defined by Section 443.”
Texas Dep't of State Health Servs. John Hellerstedt, in His Off. Capacity as Comm'r of the Texas Dshs v. Crown Distrib. LLC Am. Juice Co., LLC Custom Botanical Dispensary, LLC 1937 Apothecary, Llc (Tex. 2022). “” TEX. AGRIC. CODE § 122.301(b). And chapter 443 requires the commissioner’s rules to reflect the “principle” that “the processing or manufacturing of a consumable hemp product for smoking is prohibited.”
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