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THC products will remain largely legal in Texas, but will be banned for minors and better regulated 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.

Wednesday’s edict allows Abbott to bypass the monthslong legislative debate and deadlock surrounding the fate of the booming hemp industry in Texas that has included calls from Lt. Gov. Dan Patrick to ban THC products altogether. Industry leaders largely applauded Abbott’s decision to further regulate the drug, but also warned they can’t be fully relieved until the state agencies deliver their final rules.

After vetoing a ban in June, Abbott put THC regulation on the agenda for two consecutive special sessions over the summer, but lawmakers failed to find a middle ground. 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.

On Friday morning, Patrick broke his initial silence on Abbott’s order, arguing it emboldens an industry he says is dangerous for adults and children alike and creates a pathway for the full legalization of marijuana in Texas. Federally, marijuana is illegal.

“The governor’s executive order, intentionally or not, has sent a signal to the THC industry that they have a state seal of approval on the current THC market,” Patrick wrote in the four page statement.

Patrick emphasized the dispute with Abbott was not personal, rather “it is a disagreement on an extremely important policy.”

The governor’s latest 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.

Patrick criticized Abbott’s use of the bill as a framework, noting it did not have the support to receive a hearing during the second special session and the same legislation was never filed in the Senate.

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.”

Celebration and pushback

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.”

Meanwhile, Austin area smoke shops on Wednesday said they were taking a wait-and-see approach to Abbott’s order.

Anthony Vazquez, owner of Dooby’s Smoking Depot on South Lamar Boulevard, said he leans more conservatively, but criticized Republican officials who continue to push for an outright ban. He said he hopes Abbott’s decision to push back against some members of his party will end the debate over an outright ban, but he first needs to see how the new regulations play out in practice.

“All these politicians assume it’s a bunch of liberal hippies when no, bro, rednecks smoke weed,” Vazquez said.

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.

Following the Tribune’s report, state Sen. Charles Perry said Tuesday that 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.”

Abbott’s order came after lawmakers failed to come to an agreement on legislation restricting the hemp industry after a flurry of last-minute negotiations on the final full day of the second special session last week.

In his Friday statement, Patrick said he, Abbott and House Speaker Dustin Burrows were unable to come to an agreement on restrictions on THC concentration, serving size or “amount that would not lead to intoxication and abuse.”

“Though we tried to find common ground on a law to protect the public, the Legislature simply could not vote for the unknown on those three critical issues,” Patrick wrote.

Age limit already enforced by some

The move to set age limits on who can purchase THC products has received significant backing from the hemp industry.

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 the last-minute negotiations, 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.

Some retailers also said they already check customers’ identification to ensure minors are not purchasing their products, though there exists no formal age restriction.

Vazquez said he did not even realize he was allowed to sell hemp products to those under the age of 21 and has long been enforcing the age restriction.

Austin Vape & Smoke in South Austin was also already enforcing its own age restriction, General Manager Bree Scoville said. Through regulation, Scoville said she hopes the industry will be further legitimized in the eyes of the public and politicians, as well as better protect consumers.

“There is some uncertainty, but I do very much like that we are heading in a positive direction,” Scoville said. “I’m hoping these regulations and testing put in place take out some of the products I see in gas stations and other smoke shops that do concern me.”

Throughout the regular session this spring as Patrick pushed for a full ban, he frequently argued the ban was needed to prevent children from accessing the products that he claims risk altering the user’s state of mind permanently. On Friday, Patrick said Abbott’s order fails to prevent those under the age of 21 from obtaining hemp consumables because they will still be able to obtain it through an unlawful resale market.

“A ban is the only way to truly protect kids from accessing these products,” Patrick wrote.

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 that the industry had avoided a total ban. The group had previously met with Abbott to discuss potential regulation, and now its attention will turn to the rulemaking process.

“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,” Cabrera said. “The devil is always in the details.”

Disclosure: Texas A&M AgriLife Extension Service have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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