Texas Gov. Greg Abbott signed an executive order (EO) this week establishing a 21-year-old age limit and directing a review of state regulations on hemp-derived THC products, stepping in after the Legislature failed to reach an agreement during back-to-back special sessions.
“Texas will not wait when it comes to protecting children and families,” Abbott said in a press release announcing the 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.”
What the Order Does
The order tasks the Texas Alcoholic Beverage Commission (TABC) and the Department of State Health Services (DSHS) with blocking sales of hemp-derived THC products to minors. While the EO does not explicitly define a “minor,” Abbott has previously stated he supports a minimum age of 21.
It also requires DSHS to review its current rules around hemp-derived THC, including limits on THC content, labeling, and record-keeping standards. The order further directs TABC, DSHS, and Texas A&M University’s AgriLife Extension Service to study possible regulations modeled after House Bill 309, a measure filed by Rep. Briscoe Cain (R–Deer Park) during the second special session.
Until now, Texas had no minimum age requirement for purchasing consumable hemp products.
Legislative Gridlock
Abbott’s move follows months of disagreement at the Capitol. During the regular session, lawmakers passed Senate Bill 3, which would have banned hemp-derived THC outright. But Abbott vetoed the measure at the deadline, calling instead for a regulatory system similar to how Texas handles alcohol.
That decision put him at odds with Lt. Gov. Dan Patrick, who has been the leading voice pushing for a ban. Patrick has held press conferences and released multiple videos over the past year arguing hemp-derived THC poses risks to public health.
Sen. Charles Perry (R–Lubbock) echoed Patrick’s criticism, arguing on social media that Abbott’s EO falls short: “Placing an age restriction does not fix this problem. It leaves the products on the shelves, gives the industry exactly what it wants, and ensures the legislature will never come back to close the loophole.”
Despite multiple attempts during two special sessions, the House and Senate failed to align on either Cain’s regulatory framework or Rep. Charlie Geren’s (R–Fort Worth) proposal to impose a 21-year-old age limit. Patrick ultimately declared on sine die that the state’s “Big Three”—Abbott, Patrick, and House Speaker Dustin Burrows (R–Lubbock)—were unable to resolve their differences.
What’s Next
Abbott’s executive order falls short of the outright ban Patrick and others continue to demand, but it does place Texas’ first formal guardrails on hemp-derived THC. By setting a minimum purchase age and launching a regulatory review, Abbott is attempting to balance safety concerns with access for adult consumers.
Still, the move all but guarantees the issue will remain on the Legislature’s agenda in the next regular session. Lawmakers remain deeply divided between those who want tighter regulations modeled on alcohol and tobacco laws and those who want to prohibit hemp-derived THC products entirely.
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