(a) Except as provided by Subsection (b), a state agency may not prohibit a person who manufactures a product regulated by the agency, other than an article regulated under Chapter 431, Health and Safety Code, from applying for or obtaining a permit or other authorization to manufacture the product solely on the basis that the person intends to manufacture the product as a nonconsumable hemp product.
(b) A state agency may not authorize a person to manufacture a product containing hemp for smoking, as defined by § 443.001, Health and Safety Code.