THC products will remain largely legal in Texas, but will be bann
ed 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, als
o has to review existing rules to add stricter labeling and testing r
equirements, improve record-keeping to facilitate oversight, as well as increase licensing fees to support enforcement.
The order also calls for these agencies to work with the Department of Public Safety to increase enforcement on existing rules.
“Texas will not wait when it comes to protecting children and familie
s,” Abbott said in a press release. “While these products would still benefit from the kind of comprehensive regu
lation set by the Texas Legislature for substances like alcohol and tobacco, my executive order makes sure that kids ar
e 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 aft
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er the Legislature gaveled out of this year’s second special session, hav
ing 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 acce
pt 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 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.