89S10549 CJD-D     By: Zaffirini S.B. No. 39       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offenses of marketing or   packaging of consumable hemp products in a manner attractive to   minors and misleading consumable hemp packaging.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 443, Health and Safety   Code, is amended by adding Sections 443.2055 and 443.2056 to read as   follows:          Sec. 443.2055.  OFFENSE: MARKETING OR PACKAGING OF   CONSUMABLE HEMP PRODUCT IN MANNER ATTRACTIVE TO MINORS. (a)  In   this section, "minor" means a person younger than 21 years of age.          (b)  A person commits an offense if the person markets,   advertises, sells, or causes to be sold an edible consumable hemp   product containing a hemp-derived cannabinoid that:                (1)  is in the shape of a human, animal, fruit, or   cartoon or in another shape that is attractive to minors; or                (2)  is in packaging or a container that:                      (A)  is in the shape of a human, animal, fruit, or   cartoon or in another shape that is attractive to minors;                      (B)  depicts an image of a human, animal, fruit,   or cartoon or another image that is attractive to minors;                      (C)  imitates or mimics trademarks or trade dress   of products that are or have been primarily marketed to minors;                      (D)  includes a symbol that is primarily used to   market products to minors;                      (E)  includes an image of a celebrity; or                      (F)  includes an image that resembles a food   product, including candy or juice.          (c)  In this section, a cartoon includes a depiction of an   object, person, animal, creature, or any similar caricature that:                (1)  uses comically exaggerated features and   attributes;                (2)  assigns human characteristics to animals, plants,   or other objects; or                (3)  has unnatural or extra-human abilities, such as   imperviousness to pain or injury, x-ray vision, tunneling at very   high speeds, or transformation.          (d)  An offense under this section is a Class A misdemeanor.          Sec. 443.2056.  OFFENSE: MISLEADING CONSUMABLE HEMP   PACKAGING.  (a)  A person commits an offense if the person sells or   offers for sale a consumable hemp product that contains or is   marketed as containing hemp-derived cannabinoids in a package that   depicts any statement, artwork, or design that would likely mislead   a person to believe:                (1)  the package does not contain a hemp-derived   cannabinoid; or                (2)  the product is intended for medical use, including   by depicting a green cross.          (b)  An offense under this section is a Class A misdemeanor.          SECTION 2.  This Act takes effect December 1, 2025.