Texas Governor Greg Abbott is reportedly preparing to issue an executive order that would establish regulations for hemp-derived THC products, following the failure of two legislative special sessions to reach consensus on the matter.
The anticipated executive order is Abbott’s attempt to address what he views as an unregulated marketplace for intoxicating hemp products that has emerged since the 2018 federal Farm Bill legalized hemp cultivation.
Background of Legislative Efforts
The push for regulation began during Texas’s 2025 regular legislative session, when lawmakers passed Senate Bill 3, which would have banned consumable hemp products containing detectable levels of THC. Abbott vetoed the legislation in June, citing concerns that a complete ban would harm legitimate businesses and calling instead for a regulatory framework.
In his veto statement, Abbott outlined specific regulatory measures he preferred, including age restrictions, potency limits, and safety requirements. He subsequently called two special legislative sessions to address hemp regulation, but both ended without agreement.
The primary obstacle has been Lieutenant Governor Dan Patrick, who presides over the Texas Senate and has consistently advocated for a complete ban on THC products. During the second special session, which concluded on September 3, Patrick stated his position remained unchanged, saying “the Senate and I are for a total THC ban.”
Expected Components of Executive Order
According to the Texas Tribune, the executive order would likely direct the Texas Department of State Health Services to establish rules governing the hemp industry. The framework under consideration reportedly includes several key provisions.
A minimum age requirement of 21 years would be established for purchasing THC products, similar to alcohol regulations. Businesses would be required to implement mandatory ID verification systems to enforce this age restriction.
The order would establish distance requirements between hemp product retailers and schools, creating buffer zones to limit youth access. Testing and labeling requirements would ensure products meet safety standards and provide consumers with accurate information about THC content.
Businesses operating in the hemp market would face increased licensing fees, with revenue directed toward enforcement efforts. The regulatory structure would resemble alcohol distribution laws, potentially limiting sales to specialized retailers rather than allowing sales in supermarkets and convenience stores.
Industry Response
The Texas Hemp Business Council, which represents approximately 6,000 to 8,000 businesses in the state’s hemp market, has expressed support for reasonable regulations. Following the failure of the second special session, the organization issued a statement calling for “sensible additions” including age restrictions, child-resistant packaging, and school setbacks.
The industry group has criticized Senate leadership for rejecting compromise measures during both legislative sessions, arguing that opponents created “a manufactured crisis driven by special interests, not Texans.” The council noted that existing 2019 legislation already requires testing, licensing, labeling, and certificates of analysis for consumable hemp products.
Many hemp businesses have indicated they would welcome clear regulatory guidelines that provide certainty while preserving market access for adult consumers.
Timeline and Implementation
While the specific timeline remains unclear, Abbott hinted at imminent action during a September 5 press conference. When asked about the possibility of calling a third special session, the governor responded, “I will say stay tuned on that. Something may be happening soon.”
The executive order approach would bypass legislative gridlock and allow Abbott to implement his preferred regulatory framework without requiring approval from lawmakers. However, the scope and enforceability of executive orders are generally more limited than statutory changes.
The Texas Department of State Health Services would likely be responsible for developing specific rules and enforcement mechanisms based on the executive order’s directives. This process could take several months to fully implement.
More And More Hemp Regulations
Texas joins several other states grappling with regulating hemp-derived intoxicating products that exist in legal gray areas following federal hemp legalization. California Governor Gavin Newsom issued emergency rules in September 2024 banning hemp products with detectable THC levels and restricting other hemp product sales to adults 21 and older.
The hemp market in Texas has grown significantly since 2019, when the state legalized hemp cultivation and processing. Industry estimates suggest thousands of businesses now operate in various segments of the hemp supply chain, from cultivation to retail sales.
Abbott’s reflects a middle ground between complete prohibition and an unregulated market, which he says is an attempt to address public health concerns while preserving economic opportunities for hemp businesses and consumer access for adults.
Moving Forward
The anticipated executive order would mark a significant development in Texas’s approach to cannabis policy, establishing the state’s first regulatory framework for intoxicating hemp products.
Implementation details and enforcement mechanisms will likely determine the order’s effectiveness in achieving Abbott’s stated goals of protecting minors while preserving adult access to hemp products. The hemp industry and public health advocates will be closely monitoring how the new regulations affect market dynamics and consumer safety.
The executive order would also set a precedent for how Texas addresses emerging issues in cannabis policy, potentially influencing future discussions about broader marijuana legalization efforts in the state.
