THC products will remain largely legal in Texas, but will be banned for minors and further regulated under a new executive order by Gov. Greg Abbott on Wednesday.
Abbott directs the Texas Department of State Health Services and the Alcoholic Beverage Commission to ban the sales of THC products to minors. The health agency, under the order, must also review existing rules to add stricter labeling and testing requirements, improve record-keeping to facilitate oversight, and increase licensing fees to support enforcement.
The order also calls for these agencies to collaborate with the Department of Public Safety to enhance enforcement of existing rules.
“Texas will not wait when it comes to protecting children and families,” Abbott said in a press release. “While these products would still benefit from the kind of comprehensive regulation set by the Texas Legislature for substances like alcohol and tobacco, my executive order makes sure that kids are kept safe and parents have peace of mind now, and that consumers know the products they purchase are tested and labeled responsibly.”
The Texas Tribune’s Blast newsletter first reported on Abbott’s expected executive order, which came about a week after the Legislature gaveled out of this year’s second special session, having neither banned nor further regulated consumable hemp goods in the state.
Abbott put THC regulation on the agenda for two consecutive special sessions, but lawmakers failed to find a middle ground with the governor. Lt. Gov. Dan Patrick, who has called THC products a “poison in our public,” reiterated in a post on X earlier this month that he and the Texas Senate would not accept anything less than a total THC ban. Abbott has said he would prefer tighter regulation over a ban.
With Wednesday’s order, Abbott bypassed the legislative deadlock instead of calling for another overtime lawmaking session.
The Texas Tribune has reached out to Patrick’s office for comment.
Following the Texas Tribune’s report about an expected executive order and before Abbott’s announcement, state Sen. Charles Perry said an age restriction would still leave harmful products on the shelves. The Lubbock Republican, who authored all of the Senate’s proposed THC bans during this year, added that the only effective response is to prohibit “all synthetic cannabinoids, converted cannabinoids, and smokeables outright.”
“This debate isn’t over,” Perry said in a Tuesday post on X, “and I will not stop fighting until we secure real protections for our communities and prevent Texas from repeating the mistakes of other states.”
The move to set age limits on who can purchase THC products has received significant backing from the hemp industry. Some retailers said they already check customers’ identification to ensure minors are not purchasing their products, though there exists no formal age restriction. Some industry leaders have even said the Legislature’s failure to pass such a restriction was a missed opportunity.
“It’s disappointing they didn’t take the opportunity to pass an age-gate bill,” Cynthia Cabrera, president of the Texas Hemp Business Council, said following Patrick’s post on X.
In particular, the trade group backed House Bill 36 during the second special session. The bill, which died in a House committee despite receiving some attention during a last-minute deal-making attempt, would have banned THC products for anyone under 21. In addition, the proposal would have created a Class C misdemeanor for buyers in most cases and a Class A misdemeanor for sellers. But some critics say the bill should have put the onus solely on sellers instead of adding more punishment for minors.
Earlier this year, the Texas House also proposed restricting THC sales to those 21 and older, similar to the regulatory approach Abbott later said he preferred. But the lower chamber later abandoned that plan and agreed with the Senate on a bill to ban THC, prompting the governor to veto it in June.
In his veto proclamation, Abbott said the proposed ban would go against federal law. He also called for more regulations instead.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government and statewide issues.
Niko Travis is a dedicated health writer with a passion for providing clear, reliable, and research-backed information about medications and mental health. As the author behind TrazodoneSUC, Niko simplifies complex medical topics to help readers understand the benefits, uses, and potential risks of Trazodone. With a commitment to accuracy and well-being, Niko ensures that every article empowers readers to make informed decisions about their health.
