Gov. Greg Abbott orders minors banned from THC products

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THC products will remain largely legal in Texas, but will be banned for minors and current regulations further enforced under a new executive order by Gov. Greg Abbott.

Abbott on Wednesday directed the Texas Department of State Health Services and the Alcoholic Beverage Commission to ban the sales of THC products to minors, require ID verification of all customers before a purchase and revoke the permit of retailers that violate the rule.

“Safety for kids, freedom for adults,” the governor said in a post on X.

Abbott’s order requires DSHS and TABC to immediately start their rule-making processes to create the age limit, but does not prescribe when the restriction must take effect. Abbott’s order also doesn’t specify the age threshold and leaves that detail up to the agencies, though the governor has repeatedly called on lawmakers to prohibit such products for those under 21.

DSHS then has to start reviewing current rules within 10 business days to possibly add stricter labeling and testing requirements, improve recordkeeping to facilitate oversight, as well as increase licensing fees to support enforcement. The order also calls for DSHS and TABC to work with the Department of Public Safety to increase enforcement on existing rules.

TABC’s communications director Chris Porter said in a statement that the agency will provide guidance to stakeholders in the coming weeks. The Tribune has also reached out to DSHS and DPS for comment.

Additionally, the governor requires DSHS, TABC, the Texas A&M AgriLife Extension Service and other relevant agencies to jointly look at how to create a comprehensive “regulatory framework.” He pointed to House Bill 309 from the second special session as a model. Authored by Rep. Briscoe Cain, R-Deer Park, the proposal would have created a Texas Hemp Council to study and develop rules for THC products and establish hemp testing and licensing requirements.

As part of its 149-page proposal, HB 309 also included restrictions like banning the sale of hemp products within 1,000 feet of a church or school and on Sundays, similar to restrictions on liquor. It also outlawed manufacturers from selling smokeable flower hemp, something Abbott asked the Legislature to do in his call for the second special session that ended last week. Texas banned the sale of THC vape pens this month.

It is unclear if these proposals would be included in the agencies’ final regulations once they are issued.

“Texas will not wait when it comes to protecting children and families,” Abbott said in a news 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.”

Industry members said they are happy with the order, which aligns more with what they have advocated for — more regulations, but not an outright ban — during the monthslong fight between lawmakers to rein in a market that now has more than 8,000 retailers.

“We want to express gratitude to Gov. Abbott for listening to his people and doing the right thing,” said Jim Higdon, co-founder of Cornbread Hemp, a Kentucky-based company that sells in Texas.

Kyle Bingham, a farmer on the South Plains and vice president of the National Hemp Growers Association, said he believes the regulations will weed out bad actors and allow for high quality, local manufacturers to flourish.

“I know there’s going to be extra paperwork, there’s going to be more things to do for compliance, but I think that’s just part of the industry becoming more professional,” Bingham said.

Texas Agriculture Commissioner Sid Miller has also expressed support in a news release, calling the order “common-sense solutions.”

The 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 regardless of age. 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 Tribune has reached out to Patrick’s office for comment.

Following the Tribune’s report about an expected executive order on Tuesday, 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 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.

In particular, the Texas Hemp Business Council, an industry 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.

Cynthia Cabrera, president of the Texas Hemp Business Council, said she was happy overall with the governor’s order on Wednesday and that the industry had avoided a total ban. The group had previously met with Abbott to discuss potential regulation.

“I'm grateful to the governor for taking a thoughtful and reasonable approach to this,” Cabrera said. “The executive order isn’t everything we wanted, and maybe we will work on that. But it’s far better than the lieutenant governor’s antiquated thinking.”

The group’s attention will now turn to the rulemaking process that will be undertaken by the agencies tasked with regulation because “the devil is always in the details,” Cabrera said.

This is a developing story. Check back for updates.

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