Hickland Bill Makes Herbal And Hemp Rolls Count As Cigarettes

The text as introduced · 607 words

89R15613 MCF-F

By: Hickland
H.B. No. 5024

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of cigarettes and tobacco products,

including the definitions of cigarettes and tobacco products.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Nicotine Access

Protection Act.

SECTION 2. Sections 161.081(1) and (5), Health and Safety

Code, are amended to read as follows:

(1) "Cigarette" means any product intended to be

burned or heated under ordinary conditions of use and consisting of

or containing:

(A) a roll of tobacco, herbs, or hemp wrapped in

paper or another substance that does not contain tobacco;

(B) any form of tobacco, herbs, or hemp used as a

filler in a product that, because of the product's appearance, the

type of tobacco, herbs, or hemp used as the filler, or the product's

packaging and labeling, is likely to be offered to or purchased by a

consumer as a cigarette; or

(C) a roll of tobacco, herbs, or hemp wrapped in

any substance containing tobacco that, because of the product's

appearance, the type of tobacco, herbs, or hemp used as the filler,

or the product's packaging and labeling, is likely to be offered to

or purchased by a consumer as a cigarette [ has the meaning assigned

by Section 154.001, Tax Code ].

(5) "Tobacco product" means any product made of or

derived from tobacco or containing nicotine, including

synthetically derived nicotine, that is intended for human

consumption. The term includes any component, part, or accessory

of the product. The term does not include raw materials, other than

tobacco, used in the manufacturing of a component, part, or

accessory of a tobacco product [ has the meaning assigned by Section

155.001, Tax Code ].

SECTION 3. Section 161.0815, Health and Safety Code, is

amended to read as follows:

Sec. 161.0815. NONAPPLICABILITY. This subchapter does not

apply to a product :

(1) that is:

(A) [ (1) ] approved by the United States Food and

Drug Administration for use in the treatment of nicotine or smoking

addiction; and

(B) [ (2) ] labeled with a "Drug Facts" panel in

accordance with regulations of the United States Food and Drug

Administration ; or

(2) that does not contain nicotine or contains only

trace amounts of naturally occurring nicotine and constitutes:

(A) a food as defined by Section 201(f), Federal

Food, Drug, and Cosmetic Act (21 U.S.C. 321(f));

(B) a drug as defined by Section 201(g)(1),

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1));

(C) a device as defined by Section 201(h)(1),

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)(1)); or

(D) a combination product regulated under

Section 503(g) of the Federal Food, Drug, and Cosmetic Act (21

U.S.C. 353(g)) .

SECTION 4. Sections 161.121(2) and (5), Health and Safety

Code, are amended to read as follows:

(2) "Cigarette" has the meaning assigned by Section

161.081 [ 154.001, Tax Code ].

(5) "Tobacco product" has the meaning assigned by

Section 161.081 [ 155.001, Tax Code ].

SECTION 5. Sections 161.251(1) and (2), Health and Safety

Code, are amended to read as follows:

(1) "Cigarette" has the meaning assigned by Section

161.081 [ 154.001, Tax Code ].

(2) "Tobacco product" has the meaning assigned by

Section 161.081 [ 155.001, Tax Code ].

SECTION 6. Sections 161.351(1) and (3), Health and Safety

Code, are amended to read as follows:

(1) "Cigarette" has the meaning assigned by Section

161.081 [ 154.001, Tax Code ].

(3) "Tobacco product" has the meaning assigned by

Section 161.081 [ 155.001, Tax Code ].

SECTION 7. This Act takes effect September 1, 2025.