Texas Governor Greg Abbott has taken matters into his own hands on hemp regulation, issuing a sweeping executive order that bans the sale of THC products to anyone under 21 while sidestepping calls for a complete prohibition.
The order, signed this week, requires retailers to verify government-issued IDs for all hemp product sales and prohibits stores from operating within 1,000 feet of schools or churches. Businesses that violate these restrictions could face severe penalties, including loss of their operating licenses, according to a statement from the governor’s office.
“Texas will not wait when it comes to protecting children and families,” Abbott declared in the executive order. “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.”
Breaking the Legislative Logjam
The governor’s action comes after repeated failures by the Texas Legislature to pass comprehensive THC regulation. Despite two special sessions and multiple attempts by the Senate to advance legislation, no bill made it to the governor’s desk. The Senate passed its THC ban three times, but the measures never even received a hearing in House committees.
Why the executive approach now? Abbott had previously vetoed Senate Bill 3 on June 22, explaining that the legislation “would not have provided legally sustainable prohibition on access to hemp-derived products by children, did not respect the liberty of adults to access a lawful product that can be made safe through proper regulation and responsible consumption, and banned a commodity made legal by federal law,” according to documents from his office.
The executive order specifically targets consumable hemp products containing THC — including gummies, beverages, pre-rolls, and concentrates — restricting their purchase to adults 21 and older. The Texas Department of Public Safety will coordinate enforcement efforts with local law enforcement agencies.
Regulation vs. Prohibition
Abbott’s approach has sparked tension within his own party. Lieutenant Governor Dan Patrick, a vocal advocate for completely banning THC products, has made his disagreement clear. Patrick reiterated on social media earlier this month that he and the Texas Senate would “not accept anything less than a total THC ban regardless of age,” calling the products a “poison in our public.”
The governor seems to be charting a middle path. “Today, I issued an Executive Order cracking down on unsafe hemp products,” Abbott announced on social media, adding his order is “banning sales to minors, strengthening enforcement & ensuring Texans know what they’re buying.”
Beyond age restrictions, the order tasks multiple state agencies with strengthening testing protocols, labeling requirements, licensing fees, and recordkeeping standards. The Texas Alcoholic Beverage Commission, Department of State Health Services, and Texas A&M AgriLife Extension Service have been appointed to develop a comprehensive regulatory framework that balances enforcement with preserving adult access to legal hemp products.
Is this the end of the debate? Not likely. The executive order represents a temporary solution until the legislature can pass a more comprehensive bill. The approach appears to draw inspiration from House Bill 309, which sought to regulate rather than prohibit hemp products entirely.
For now, Texas retailers selling hemp-derived THC products must quickly adapt to the new regulations or face serious consequences — while consumers under 21 will find these products legally off-limits, regardless of which side of the political debate ends up prevailing in the next legislative session.
