Texas Gov. Greg Abbott issued an executive order on Wednesday mandating age restrictions for consumable hemp products containing THC. The Texas Department of State Health Services and Texas Alcoholic Beverage Commission are now charged with making and enforcing the new rules.
Abbott's move comes after a months-long back and forth between the governor and the Texas Legislature, particularly Lt. Gov. Dan Patrick, who's waged war on THC consumables for over a year. But after two special legislative sessions came and went this summer without any bills making it to Abbott's desk, the governor chose to regulate THC on his own.
Wednesday's order requires that purchases of consumable THC products in Texas — including gummies, beverages, pre-rolls, concentrates and more — be limited to people age 21 and up.
"Today, I issued an Executive Order cracking down on unsafe hemp products," Abbott said on social media, adding his order is "banning sales to minors, strengthening enforcement & ensuring Texans know what they're buying."
Nick Mortillaro is a chemical engineer and owner of retail hemp stores in Texas. After learning of Abbott's move, he told The Texas Newsroom he thinks the executive order is good, but won't make a huge difference. That's because he says most THC retailers in Texas already refuse sales to minors.
"The vast majority of the industry, I'd say nearly every single shop, is already age gating," Mortillaro said.
For those store owners that aren't, Mortillaro welcomes law enforcement cracking down on "bad actors who aren't checking ID," adding that removing those retailers from the industry is "good policy."
The new requirements won't take effect immediately. State agencies tasked with creating the new rules and enforcement policies will have some time to comply. While there is no effective date on Abbott's executive order, he demands the agencies begin that process immediately.
The long road to THC age restrictions in Texas
Leading up to the 2025 regular session of the Texas Legislature, Lt. Gov. Patrick continually emphasized the danger of these products for minors, citing cases of psychosis and paranoia. Meanwhile, Texas business and veterans groups pushed back on the idea of a ban.
However Patrick, who leads the Senate, was undeterred, and successfully pushed an all-out ban on THC products to the governor's desk. But in a last minute move in June, Abbott vetoed the legislation and requested lawmakers to return to Austin to address THC regulation in a summer special session.
But in Texas' two specials that followed, the THC issue landed on the back burner — overshadowed by a controversial mid-decade congressional redistricting bill and legislation to address emergency preparedness and response in the wake of July's historic flooding in Central Texas.
In the first special session, Patrick again pushed legislation that amounted to another THC ban through the chamber, saying it was the only true solution to the problem. But the Texas House, which was in the midst of a quorum break, was unable to take up or pass any bills.
Once Texas House Democrats returned to Austin for the state's second special session, momentum for the issue had waned. Lawmakers adjourned earlier this month without passing any THC-related legislation.
After Abbott's executive order on Wednesday, it's unclear whether the Texas Legislature feels the need to address THC regulation any further. The next regular session for state lawmakers is scheduled to begin in January of 2027.
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