Texas Governor Reportedly Prepares Executive Order to Regulate Hemp THC Products

After the Texas Legislature failed twice to take up Gov. Greg Abbott’s call to regulate hemp THC products in special sessions, the Lone Star State’s chief executive now appears ready to do the job himself.

Abbott is preparing to “soon” issue an executive order that would likely direct the Texas Department of State Health Services to promulgate rules for the cannabinoid hemp industry, including products containing THC and other intoxicating compounds derived from the plant, The Texas Tribune reported Sept. 9.

Upon calling for a special session in July, Abbott clarified that he wanted to require a minimum age of 21 years to purchase cannabinoid hemp products, limit products intended for human consumption to 0.3% THC or 3 milligrams of THC per serving size, and ban consumable hemp products containing synthetic cannabinoids, such as delta-8 THC converted in a lab from nonintoxicating CBD.

“Let me be clear: I stand in favor of doing all we can to protect the lives of our children while also protecting the liberty of adults,” Abbott said at the time.

A forthcoming executive order could also address mandatory age verification systems, testing and labeling requirements, the distance between hemp product retailers and schools, and business fee increases, according to the Tribune.

Most of the proposed product safeguards are supported by many of the roughly 6,000 to 8,000 businesses that currently operate in the Texas hemp THC product space.

After the Texas Legislature failed for a second time to answer Abbott’s call for regulation at the conclusion of a second special session, which adjourned Sept. 3, the Texas Hemp Business Council (THBC) issued a statement calling for practical reform measures.

The industry organization called attention to 2019 legislation that already requires full-panel testing, licensing, labeling and certificates of analysis for consumable hemp products.

The THBC also pointed to the Legislature adjourning from the second special session without acting on House Bill 36, legislation sponsored by Rep. Charlie Geren, R-Fort Worth, that aimed to strengthen consumer safety through many of the regulations called for by Abbott.

“We continue to advocate for sensible additions, such as those contained within H.B. 36: limiting sales to those 21 and older, child-resistant packaging and establishing setbacks from schools,” THBC said in a Sept. 4 statement. “Unfortunately, opponents in the Senate leadership rejected these measures during both the 88th and 89th legislative sessions while pushing for outright bans, contrary to public opinion and common sense, creating a manufactured crisis driven by special interests, not Texans.”

In particular, Lt. Gov. Dan Patrick, the presiding officer of the Senate, repeatedly rejected the governor’s call for regulation and continued to push for the same outright ban that Abbott vetoed in June following the regular session.

“My position remains unchanged; the Senate and I are for a total THC ban,” Patrick said Sept. 3, after he, the governor and House leaders failed to reach middle ground in the second special session.

Abbott’s potential executive order to address an unintended intoxicating product marketplace that has proliferated in the aftermath of the 2018 Farm Bill, which federally legalized hemp beyond state pilot programs, is not unique.

California Gov. Gavin Newsom issued emergency rules in September 2024 that directed the state’s Department of Public Health to implement a ban on industrial hemp food, beverages and dietary supplements intended for human consumption with any detectable amounts of THC or “comparable” cannabinoids and to restrict other hemp product purchases to those 21 and older.

While the specifics and the timeline for Abbott’s potential executive order remain to be seen, the Texas governor indicated that executive action could be coming “soon” when questioned Sept. 5 by FOX7 reporter Rudy Koski, who asked about the possibilities of a third special session to address hemp THC products, given that the Texas Legislature won’t convene for its next regular session until 2027.

“I will say stay tuned on that,” Abbott said. “Something may be happening soon.”