Texas Governor Greg Abbott is reportedly preparing to sidestep the Legislature and issue an executive order regulating THC products, a move that would reshape the state’s ongoing and often contentious battle over cannabis-related policy.
According to multiple sources familiar with conversations inside the Governor’s Office, Abbott is expected to announce rules that would set a minimum purchasing age of 21 and impose a framework of restrictions on businesses selling THC products. The order would direct the Texas Department of State Health Services (DSHS) to develop and enforce the regulations—placing THC under an oversight structure more closely resembling alcohol than tobacco.
The decision comes after two regular sessions and two special sessions failed to produce a compromise between Abbott’s call for regulation and Lt. Gov. Dan Patrick’s push for an outright ban. The looming order signals that Abbott is no longer willing to wait on lawmakers to settle a fight that has dragged on for years.
A Governor Growing Impatient
The Texas Legislature ended its second special session last week with no resolution on THC. Patrick, who presides over the Senate, has consistently demanded a total ban on products containing THC, framing them as a public health hazard with no place in Texas.
Abbott, however, has taken a different stance. In his June veto letter striking down Senate Bill 3—which initially sought to impose a blanket ban—the governor hinted at a regulatory model instead. “Legislators could consider a structure similar to the way alcohol is regulated, with strict enforcement by an agency like the Texas Alcoholic Beverage Commission,” Abbott wrote at the time.
Now, with another stalemate on the books and Patrick digging in, Abbott appears ready to chart his own course. Asked at a bill signing last week whether he would wait until the next legislative session in 2027 or call yet another special session, Abbott told reporters only to “stay tuned.”
According to three individuals who spoke with the Governor’s Office, “something” is indeed happening soon.
What Abbott’s Order Could Include
Though the exact text of the executive order has not yet been released, sources described a draft framework that would hand enforcement authority to DSHS and introduce rules modeled after alcohol regulation in Texas. Potential measures include:
Minimum Age of 21: Texans under 21 would be prohibited from purchasing or even entering certain businesses selling THC products.
Mandatory ID Checks: Retailers would be required to verify customer age at every purchase.
Distance Requirements: Stores selling THC could face restrictions on operating within a set distance of schools, similar to liquor store zoning laws.
Labeling and Packaging Rules: Products would need clear labeling of THC content and safety warnings.
Testing Requirements: Independent testing would be required to confirm potency and guard against contamination.
Fee Increases: Shops selling THC could see higher licensing and renewal fees.
Taken together, these measures would formalize a statewide standard for an industry that has so far operated in a gray area, often with uneven enforcement across counties and municipalities.
Echoes of Liquor Regulation
If enacted, Abbott’s framework would effectively place THC on the same shelf as alcohol in terms of oversight. The Texas Alcoholic Beverage Commission (TABC) tightly controls where liquor can be sold, how stores are spaced, and who is allowed to buy.
That system has historically favored standalone liquor stores, while limiting grocery chains and convenience stores to beer and wine sales. Applying a similar model to THC could dramatically reshape the retail landscape.
For example, supermarkets and small shops currently selling THC-infused products could be shut out of the market entirely, leaving specialized stores—and potentially liquor retailers—as the dominant players.
Such a shift would be controversial. While it would bring order and predictability to the industry, critics argue it could also create winners and losers based on political clout rather than consumer choice.
The Political Divide
Abbott’s move reflects a widening rift in Republican leadership. Patrick has been adamant that THC products pose too great a risk, particularly for children, and has repeatedly dismissed regulation as a “half measure.”
“Texans deserve protection, not half-baked compromises,” Patrick said during the last special session. “The safest option is no THC on our shelves.”
Abbott, by contrast, has framed the debate around practicality. A full ban, he argues, would only drive the market underground, increase enforcement costs, and fail to eliminate access.
“Prohibition has never been a sustainable strategy,” said a policy adviser close to Abbott. “Governor Abbott believes that regulation—with clear rules and tough enforcement—is the responsible approach.”
The Texas House has generally aligned more with Abbott’s view than Patrick’s, but efforts to hammer out middle ground repeatedly collapsed in negotiations. With an executive order now on the horizon, lawmakers on both sides may find themselves sidelined.
No Third Special Session
Perhaps most tellingly, Abbott’s executive order appears to close the door on a third special session. Each special session costs taxpayers and consumes valuable time, yet both chambers have remained deadlocked over THC.
By moving ahead unilaterally, Abbott is signaling that he is unwilling to extend the stalemate any further. That decision is likely to spark both legal and political questions. While governors in Texas have broad authority to direct state agencies, critics could argue that sweeping THC regulation requires legislative approval.
Still, Abbott has precedent on his side. Past governors have used executive orders to regulate public health matters, including tobacco restrictions and emergency measures during the COVID-19 pandemic.
Industry and Public Reaction
The Texas hemp and cannabis industry is bracing for impact. Business owners say they welcome clarity but worry that the rules could tilt the market.
Parents’ groups and education advocates, meanwhile, are applauding the minimum age requirement and distance rules.
Public opinion in Texas remains mixed. Polls show a majority of Texans support medical use of cannabis and limited legalization, but support drops sharply when it comes to recreational use. Abbott’s framework appears aimed at threading that needle: allowing access for adults while tightening guardrails to prevent underage use.
What Happens Next
The timeline for Abbott’s executive order remains unclear, but sources suggest it could come within weeks. Once issued, DSHS would likely launch a rulemaking process involving public comment and administrative hearings—a step that could stretch into next year.
In the meantime, both supporters and opponents are gearing up for a fight. Lawsuits challenging the scope of Abbott’s authority are likely, particularly from lawmakers aligned with Patrick.
But unless courts intervene, the governor’s plan could soon bring Texas its first comprehensive THC regulatory framework.
For Abbott, the move may represent more than just a policy decision—it’s also a political calculation. By positioning himself as the problem-solver willing to act where the Legislature failed, he may strengthen his standing among Texans weary of political gridlock.
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