Without a THC ban, Texas to tighten regulations on legal weed
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Texas hemp businesses and customers are bracing for new regulations on legal weed ordered by Gov. Greg Abbott.
Why it matters: After Texas legislators failed to deliver an all-out THC ban this year, the multibillion-dollar hemp industry is waiting on pins and needles for what the implementation of new rules will look like.
Between the lines: The issue put Texas Republicans into two camps. Lt. Gov. Dan Patrick proposed the ban first in 2024, saying manufacturers and retailers were targeting children with high-potency products.
- Others — like Abbott, who in June vetoed the Legislature's first try — believed the current hemp-derived THC market should face tighter regulations but remain relatively intact.
State of play: Now, Abbott is wielding his executive power to crack down on the biggest problems in the industry while still allowing certain hemp-derived THC products targeted by Patrick, like delta-8 THC.
Driving the news: Abbott last week ordered the Department of State Health Services to create formal rules on hemp-derived THC products, like delta-8 edibles and various CBD products, that would:
- Limit sales to those 21 and up.
- Require a photo ID for purchase.
- Increase the amount of testing and labeling.
- Force manufacturers and retailers to tighten recordkeeping, among other things.
The intrigue: Abbott's order also calls for the Texas Alcoholic Beverage Commission and the Department of Public Safety to enforce the new rules and the state's existing THC laws.
- He also called for the departments to look into creating the Texas Hemp Council to centralize regulation, similar to legislation proposed this year.
What they're saying: The Texas Hemp Business Council, which lobbied lawmakers for 21-and-over age restrictions and a retailer buffer zone near schools, is closely watching how the new regulations will unfold.
- "We urge regulators to implement these directives in a way that does not create undue burdens on responsible hemp businesses," the council said in a statement to Axios. "Clear and practical rules are critical for compliance and for the continued growth of Texas's legal hemp industry."
The other side: Patrick criticized Abbott's order, saying in a statement that it sends "a signal to the THC industry that they have a state seal of approval on the current THC market."
- "The governor mentions in his executive order that he wants people 21 and over to 'enjoy' THC," Patrick said. "For most people who buy these products, 'enjoy' means getting high."
What's next: The Department of State Health Services will start creating the proposed rules no later than next week.
Editor's note: This story has been corrected to show Abbott vetoed the THC ban in June (not March).