Texas Gov. Greg Abbott is directing the state agencies to come up with rules that will keep hemp-derived products out of the hands of minors.
The move came in the form of an executive order issued Wednesday, where Abbott told the Texas Department of State Health Services and the Texas Alcoholic Beverage Commission to immediately start the process of creating rules to ban the sale of hemp-derived products to minors.
The agencies’ rules should require age verification by buyers using a government-issued ID, the order states. Businesses that don’t comply, should lose their retailer licenses, according to a news release about the order.
The order does not stipulate whether a ban on sales to a “minor” means those under 18 or those under 21, like the age restriction for alcohol sales. Abbott has supported setting the age limit for hemp products at 21 years old in special legislative sessions.
The executive action follows the adjournment of a second special legislative session earlier in September. Lawmakers gaveled out without passing new regulations on Texas’ hemp industry.
Lt. Gov. Dan Patrick has championed an outright ban on consumable hemp products. The Texas Legislature passed a bill to that effect during the regular legislative session, but Abbott vetoed the bill, citing legal concerns.
The legislation would have barred consumable hemp products containing a cannabinoid other than CBD or CBG, which do not produce a high.
“Texas will not wait when it comes to protecting children and families,” Abbott said in a statement. “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 age limit is among other rules and enforcement mechanisms being sought by the governor in the order.
What’s in Abbott’s hemp executive order?
The rise of Texas’ consumable hemp industry follows the passage of a 2019 state law and its federal counterpart from 2018 that cleared the way for the cultivation and sale of hemp.
Hemp and marijuana come from the cannabis plant, but legally hemp is defined as having a delta-9 THC concentration below 0.3% by dry weight. Anything above that is illegal marijuana.
The definition led contributed to the growth of a consumable hemp product industry, where products like vapes, drinks and gummies that can produce a high are easily accessible at stores in Texas. Unlike alcohol and tobacco, there are not required age limits to buy the products.
In addition banning the sale of hemp-derived products to minors, Abbott said the Department of State Health Services must start reviewing existing rules related to hemp in the next 10 business days. He offers possible revisions related to testing, labeling requirements, record keeping and the fee structure for hemp license applications and renewals.
As it relates to testing, Abbott recommended revising testing requirements to make sure tests measure “total delta-9 THC content” by accounting for delta-9 THC and THCA, another cannabinoid that changes into delta-9 THC when heated.
The order also instructs the Texas Department of Public Safety to work with other law enforcement and regulatory agencies to enforce current laws related to the sale of consumable hemp products.
Abbott is also calling on the department to work with the Texas Alcoholic Beverage Commission and Texas A&M University AgriLife Extension Service to study rules like those proposed in House Bill 309 during the state’s second special session.
Texas has banned the sale of vapes containing cannabinoids through a law that was passed during the regular session and took effect Sept. 1.
Cannabis groups respond
The director of the Texas Cannabis Policy Center, an advocacy group, called the executive order an “important step toward a responsible hemp market” in Texas in a Wednesday statement.
“By keeping these products away from kids and holding businesses accountable through clear rules and enforcement, the Governor is advancing both public safety and personal freedom,” said Heather Fazio, the group’s director.
In an interview, Fazio did raise a concern about the possible the rules related to testing delta-9 and THCA leading to a restriction on what products businesses can sell.
“We’re hoping we can work with DSHS to ensure that maybe testing is for total THC, so we’re clear how much THC is in a product, but not restricting what businesses are able to sell,” Fazio said.
By avoiding a ban on hemp products, the order “preserves lawful adult access, promotes responsible commerce and discourages the growth of illicit markets,” the Texas Hemp Business Council said in a statement.
The group supports rules to make sure the products are only sold to adults over 21, and noted that Texas already has “strong hemp regulations” on the books.
The order is a “interim enforcement tool,” the group said.
“We urge regulators to implement these directives in a way that does not create undue burdens on responsible hemp businesses,” the Texas Hemp Business Council said. “Clear and practical rules are critical for compliance and for the continued growth of Texas’s legal hemp industry.”
This story was originally published September 10, 2025 at 11:22 AM.