News Summary
Governor Greg Abbott has announced new regulations for hemp sales in Texas aimed at protecting children from THC products while allowing adults to purchase them responsibly. Retailers will be required to verify customer ages, and updated testing standards will gauge total delta-9 THC content. The order empowers local jurisdictions to impose sales bans, stirring concerns about potential shifts to the illicit market. While many in the industry welcome the changes, critics argue that more comprehensive legislation is necessary for long-term solutions.
Austin, Texas – Governor Greg Abbott has signed an executive order on September 10 to implement regulations on the sale of hemp products containing THC across Texas. This new directive aims to protect children from accessing certain hemp products while allowing adults to purchase them under stringent regulations. The law affects several state agencies, including the Department of State Health Services (DSHS), the Alcoholic Beverage Commission (TABC), and the Department of Public Safety (DPS), which are mandated to enforce the changes.
Under the terms of the executive order, retailers will now be required to verify government-issued IDs to confirm that customers are at least 21 years old before selling them products containing THC. Additionally, the DSHS will revise testing protocols to ensure accurate measurement of the total delta-9 THC content, and that products disclose cannabinoid concentration, recommended serving sizes, and pertinent health warnings.
The latest regulations introduce significant adjustments from the provisions outlined in the 2018 Farm Bill, which previously excluded THCA from total THC measurements. In compliance with the new order, the DSHS must also enhance recordkeeping practices for all sales and reassess application and renewal fees to account for the associated regulatory costs.
These changes come as a response to the inaction from Texas Lieutenant Governor Dan Patrick, who had overlooked various calls for regulation in previous legislative sessions. Abbott’s order represents a shift from failed legislative attempts to impose regulations on THC, highlighting the urgent need to prioritize child safety and transparency for consumers within the hemp market.
The order permits local jurisdictions to hold votes regarding the banning of hemp products containing THC. It should be noted that the retail sale of hemp flower is currently prohibited under this executive order, raising concerns that this might inadvertently push demand into underground markets. Additionally, Abbott’s directive initiates a study tasked to DSHS, TABC, and the Texas A&M AgriLife Extension Service, aimed at establishing a comprehensive regulatory framework akin to House Bill 309.
Many industry leaders expressed confidence in the executive order, viewing it as a positive step toward enhancing the credibility of the hemp market within Texas. Advocates noted that while a more stringent ban was initially considered, the current age restrictions provide a balanced approach to consumer safety and public health. However, concerns linger regarding the specifics of the implementation, including potential additional restrictions on where products can be sold and the types of products offered.
Governor Abbott emphasized the need for rapid action by indicating the timeline for initiating the rule-making process, targeting the commencement of work within the next 10 days. Critics, however, have voiced skepticism, arguing that the executive order is merely an empty gesture and advocating for the need for comprehensive legislation that addresses broader issues related to THC regulation.
As Texas moves forward with these new regulations, the approach will be closely monitored by both industry observers and the public, particularly with regard to its impact on child safety and the legal market’s interaction with the illicit market. With these changes, Texas aims to carve out a responsible framework for the evolving hemp industry while addressing long-standing concerns regarding public health and safety.
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