Texas’ long-running fight over hemp-derived THC has shifted from talk of an outright ban to a new regulatory push aimed at keeping products away from minors, leaving smoke shops and hemp businesses unsure how to operate in the interim.
After lawmakers failed twice this year to pass a THC ban, Governor Greg Abbott signed Executive Order GA-56 on Sept. 10. It directs the Department of State Health Services (DSHS) and the Texas Alcoholic Beverage Commission (TABC) to begin rulemaking that prohibits sales to anyone under 21 and requires retailers to verify a buyer’s age with government ID, with the threat of losing permits for violations. The order also tells DSHS to tighten testing and labeling, raise license fees to cover enforcement, strengthen record-keeping, and coordinate broader crackdowns with TABC and DPS.
Abbott frames the move as protecting kids while preserving adult access to a federally legal product if it’s “made safe through proper regulation.” But the order deepened a rift among Republicans. Lt. Gov. Dan Patrick blasted it as legitimizing a “dangerous” industry and said he still backs a full ban, underscoring the political uncertainty that businesses now face.
For hemp processors and retailers, the practical effects could be significant. Shops will need ID-scanning procedures, compliant labels listing cannabinoid content and serving sizes, and lab tests that reflect THCA conversions. These changes could force product reformulations and higher costs. Until DSHS and TABC finalize rules, operators say it’s unclear which products will remain on shelves and how proximity restrictions, testing protocols and fee hikes will be applied.
Consumer access is unlikely to disappear for adults in the short term, but selection could narrow, and prices could rise as companies meet stricter standards—which might push consumers back to the black market for illegal marijuana purchases.
Guest:
Cynthia Cabrera is the president of the Texas Hemp Business Council.
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This interview will be recorded live Wednesday, September 17, 2025.
