Texas: Gov. Abbott issues executive order for hemp products

On September 10, Gov. Greg Abbott (R) issued Executive Order GA 56, directing agencies to age-gate and further regulate hemp-derived THC products. Gov. Abbott vetoed a hemp-derived THC ban (SB 3) on June 23. Since then, he has repeatedly called for the legislature to regulate, not ban, these products. However, the legislature was unable to come to a compromise in either special session. 

Abbott posted the executive order on X, saying, “Safety for kids, freedom for adults.”

In the executive order, the governor calls for the Texas Alcohol Beverage Commission (TABC) and the Department of State Health Services (DSHS) to craft new regulations. The executive order directs them specifically to:

• Use total delta-9-THC when measuring potency, using both delta-9-THC and “the conversion of THCA” 
• Require ID checks and ban purchases by anyone under the age of 21
• Revise labeling, testing, enforcement, and accountability standards
• Change regulatory fees

It also provides that the Department of Public Safety will enforce state laws on unlawful sales of hemp products.

In the introductory part of the proclamation, the governor cited HB 36 and HB 309 from the second special session as examples for further consideration. A study will be undertaken as to how policies similar to what was proposed in HB 309 could be implemented.

The rule-making procedure is very important for the future of these products in Texas. They will be subject to public comments after they are released in the Texas Register. We will continue to keep you up to date with this process.