Why ? We ask as do the association. The reasons seem more politically motivated that health based.
Here’s the press release in full
DSHS Commissioner John Hellerstedt has put forth a “Proposed Inspection Protocol” that states all products containing hemp-CBD will be seized from store shelves across the state and either returned to the manufacturer or destroyed (link to DSHS page: https://www.dshs.texas.gov/foods/). Commissioner Hellerstedt has given the public until April 16, 2018 to provide comments. DSHS will then decide whether to begin enforcing the ‘Protocol.’
Hemp-CBD is a non-psychoactive compound that even the World Anti-Doping Agency (who oversees the planet’s most-elite athletes) has removed from its banned list. Not only is the DSHS proposal detrimental to thousands of locals whose lives are improved by these products; it is also disastrous for the Texas companies and entrepreneurs who have invested to build out hemp-CBD businesses.
In addition, the legal grounds on which DSHS purports to have the authority to do this are highly-questionable.
The TCIA Board of Directors has submitted a one-page executive summary of those legal concerns. TCIA’s General Counsel (Richard Cheng of Dykema Cox Smith – a firm with a national cannabis practice and Texas offices) has submitted a position paper detailing why this state agency cannot lawfully proceed. Read both of those documents here https://www.texascannabisindustry.org/txcbdban.
