Texas House Bill HB36

Texas 2025 - 89th 2nd C.S.

• Filed: 8/15/25
• Filed: 8/18/25

Summary

HB 36 would regulate consumable hemp products by creating a new age-based framework for sales, purchases, access to retail premises, and employment. The bill defines a “minor” as a person younger than 21 and makes it a criminal offense, punishable as a Class A misdemeanor, for a person to sell, give, or cause to be sold or given a consumable hemp product to someone under 21 with criminal negligence. It also creates offenses for a minor to purchase or attempt to purchase a consumable hemp product, with penalties generally treated as Class C misdemeanors and escalating consequences for repeat offenders. The bill further restricts who may enter a consumable hemp retailer’s premises and who may work there. It generally prohibits persons under 21 from entering the premises of a retailer of consumable hemp products and bars owners or employees from knowingly employing anyone under 21 on the premises, except for an 18-year-old employed by a parent or legal guardian in a parent-owned business. The bill includes a defense for sellers who relied on apparently valid government-issued identification and specifies acceptable forms of ID. It takes effect January 1, 2026.

Impact

HB 36 would amend Chapter 443 of the Texas Health and Safety Code by adding new criminal offenses and age restrictions specific to consumable hemp products. It would expand the statutory definition of “minor” for this chapter to mean anyone under 21, impose seller liability standards, authorize prosecution of employees in retail settings, and require courts and the Department of Public Safety to impose community service and driver’s license consequences for minors convicted under the bill. Retailers of consumable hemp products would need to change age-verification, access-control, and hiring practices to comply with the new law.

Sentiment

Based on the bill text and the absence of recorded committee discussion or votes in the provided materials, the available record suggests the bill is a straightforward regulatory and enforcement measure rather than one with documented public debate in this dataset. Its structure indicates a policy preference for tighter age controls and criminal penalties around consumable hemp products. No formal vote totals, amendments, or hearing testimony are provided here to show broader support or opposition.

Contention

The main policy tension in HB 36 is between youth-access restrictions and the burden placed on hemp retailers and employees. Supporters would likely view the bill as a public-safety and youth-protection measure aimed at preventing underage access and use, while opponents could object to criminalizing minors’ conduct, imposing misdemeanor exposure on retail workers, and barring under-21 individuals from entering retail premises or working there. The bill’s exception for an 18-year-old working for a parent or guardian suggests lawmakers anticipated concerns about family businesses, but no specific stakeholder positions are included in the provided record.