Here’s the introduction to the letter outlining Hoban’s issues with what’s being proposed in Texas.

Below you’ll find the full letter. It’s all fairly self explanatory .

April 13, 2018

Lewis Ressler
Foods Unit, Policy, Standards, and Quality Assurance Section
Consumer Protection Division
P.O. Box 149347
Mail Code 1987
Austin, TX 78714-9347

Via US Certified Mail and Email 

Mr. Ressler:

As you know, this firm represents numerous clients engaged in the cultivation, processing, manufacture, distribution of use of products which contain derivatives of industrial hemp (the “Products”). This letter is in response to a certain Proposed Inspection Protocol – Hemp and Hemp By-products in Food (the “Protocol”) issued by the Texas Department of State Health Services (the “Department”). The Protocol specifically solicits public comment until April 16, 2018.

In short, the Protocol is, at its core, flawed beyond repair for many reasons including, without limitation, the following:

1. The Department gives inappropriate deference to the (erroneous) interpretations of law proffered by the Drug Enforcement Agency (“DEA”) and other agencies, in contradiction of guidance provided explicitly and directly by Congress;

2. The Protocol baselessly cites standards of “trace” and “elevated” amounts of cannabinoids, neither of which are supported by the law and which creates issues of constitutionality;

3. The Department inappropriately treats cannabidiol (“CBD”) as an adulterant;

4. The Department’s conclusion that “trace” amounts of CBD do not pose a risk is correct, but is incomplete and fails to acknowledge that research demonstrates CBD does not pose a risk in greater in “trace” amounts; and

5. The Protocol creates unnecessary overregulation, which potentially exceeds the Department’s jurisdiction.

Correspondingly, we implore you to seriously reconsider implementation of the Protocol in any way resembling its current form and to engage in further discussion with appropriate stakeholders to sensibly regulate the Products without implementing the Protocol. Implementation of the Protocol would cause Texas to fall far behind the rest of the nation for years to come in its treatment and regulation of the Products. The adverse impact this Protocol would cause to the emerging hemp industry, its operators and those choosing to purchase and use such Products would be devastating and irreparable.

Full Letter

Letter to the Texas Department of State Health Services re- Proposed Inspection Protocol – Hemp and Hemp By-products in Food