Texas Agency Bans Hemp Sales to Minors Under Emergency Rule

Texas Introduces Emergency Rule to Restrict Hemp Product Sales to Minors

Texas has taken a significant step toward regulating hemp products by approving an emergency rule that bans license holders from selling consumable hemp products to anyone under the age of 21. This decision marks the first move in fulfilling an executive order issued by Governor Greg Abbott, aiming to implement stricter controls over these products.

The emergency rule was approved by Health and Human Services Commissioner Cecile Erwin Young and mandates that sellers of consumable hemp verify a customer's age using a valid ID. Failure to comply could result in the revocation of a seller’s license or registration. The rule is effective immediately and will remain in place for up to 180 days, with the possibility of extending it by an additional 60 days.

This development follows a similar emergency rule enacted by the Texas Alcoholic Beverage Commission (TABC) just weeks prior, which also prohibited liquor license holders from selling consumable hemp products to individuals under 21. Both agencies are collaborating due to overlapping jurisdictions, as neither has complete control over all retailers involved in the sale of consumable hemp products. For instance, TABC rules do not apply to approximately 8,000 licensed hemp retailers under the Department of State Health Services, including smoke shops, gas stations, and online retailers that do not sell alcohol.

Collaborative Efforts Between Agencies

The collaboration between TABC and the Department of State Health Services (DSHS) aims to create a comprehensive regulatory framework for the hemp industry. The formal rulemaking process, which includes public meetings and testimony, is expected to begin at TABC’s next meeting on November 18. While the formal rules are anticipated to be "substantively similar" to the emergency rules, discussions between the agencies regarding their respective regulatory responsibilities continue.

TABC cited potential harms to minors as the primary justification for the emergency rule. In a statement, TABC Executive Director Thomas Graham emphasized the agency's statutory responsibility to ensure the general welfare, health, and safety of Texas communities. He stated that the commission's actions are a reasonable measure within its authority to help protect children across the state.

Legislative Context and Industry Reactions

The executive order came after months of debate in the Texas Legislature over the regulation of hemp products. A total ban on THC products was initially approved by both the House of Representatives and the Senate but was vetoed by Governor Abbott in June. The governor then prioritized THC regulation during two consecutive special sessions over the summer, though no compromise was reached before the end of the second session.

Rather than convening a third special session, Abbott issued his executive order, bypassing the legislative process. This decision has created tension with Lt. Gov. Dan Patrick, who has expressed support for a total ban.

Despite the controversy, many in the THC industry viewed the executive order positively, seeing it as a step toward legitimizing the industry. Owners of smoke shops interviewed by the Texas Tribune noted that most distributors already enforce an age limit of 21 for purchasing THC products, suggesting that the new regulations may not be overly burdensome.

Advocacy and Concerns

While some stakeholders welcomed the new rules, others raised concerns. Lukas Gilkey, CEO of Hometown Hero, called the approval "historic" and long overdue, highlighting its significance for the industry. Mark Bordas, executive director of the Texas Hemp Business Council, praised the TABC rule as a positive start and expressed hope for a smooth regulatory process during the formal rulemaking period.

However, Betsy Jones, director of policy and strategy for Texans for Safe and Drug-Free Youth, urged the agencies to carefully consider how best to regulate hemp products moving forward. She emphasized the need to avoid replicating the issues associated with alcohol access.

Advocates against the use of THC products also voiced opposition to the rules. Aubree Adams, director of advocacy for Citizens for a Safe and Healthy Texas, argued for raising the age restriction to 25, citing the importance of full brain development. Christine Scruggs, an advocate against recreational cannabis use, shared her personal experience with her son's struggle with THC dependency and mental health issues.

Future Regulatory Steps

Abbott’s executive order focused on restricting sales to minors, leaving the specific age limit to be determined by the agencies. However, the governor had previously urged lawmakers to prohibit THC products for those under 21 during legislative sessions. DSHS is tasked with reviewing current rules and potentially adding stricter labeling and testing requirements, improving recordkeeping, and increasing licensing fees to support enforcement.

In addition to the rulemaking process, TABC, DSHS, and other agencies were directed to study the creation of a comprehensive regulatory framework for the hemp industry. Abbott referenced House Bill 309 from the second special session as a model for this framework, which would require legislative approval.

TribFest 2025 Speakers Announced

As the state continues to navigate the complexities of hemp regulation, the Texas Tribune Festival is set to feature prominent speakers. Deb Haaland, former U.S. Secretary of the Interior and 2026 Democratic candidate for New Mexico governor; state Sen. Joan Huffman, R-Houston and 2026 Republican candidate for Texas Attorney General; and Jake Tapper, anchor of CNN’s “The Lead” and “State of the Union,” will speak at the 15th annual festival from November 13–15 in downtown Austin. Tickets are available for purchase.