Texas Gov. Greg Abbott has released an executive order directing state agencies to regulate the sale and distribution of hemp-derived products. The order is the governor’s latest effort to protect minors after he vetoed a proposed hemp and THC ban in the state’s 89th Legislative Session.
The executive order primarily targets officials at the Department of State Health Services (DSHS), the alcoholic Beverage Commission (TABC) and the Department of Public Safety (DPS). The issuance will require these agencies to take immediate action, including:
- DSHS and TABC must disallow sales to minor and require proof of government-issued ID at purchase. Noncompliance would enable the departments to revoke the retailer’s license.
- DSHS must review and potentially revise existing rules to increase protections. These include strengthening testing and labeling requirements to keep customers informed, increasing licensing fees to facilitate enforcement and improving recordkeeping to increase transparency and oversight.
- All three agencies must collaborate with local law enforcement agencies across the state to coordinate and increase enforcement measures.
TABC, DSHS, Texas A&M AgriLife Extension Service and additional agencies will conduct a study on creating a regulatory model similar to House Bill 309. The bill was recently introduced to state lawmakers on Aug. 28, containing several provisions to regulate the hemp industry, such as:
- Creation of the Texas Hemp Council.
- Regulation of products derives from hemp, including consumable products and beverages and the hemp-derived cannabinoids within those products.
- Requiring occupational licenses and permits.
- Imposing fees.
- Creating criminal offenses.
- Authorizing civil penalties.
- Imposing taxes.
The framework developed through this collaboration would establish an enforceable system to mitigate hemp abuse while ensuring adults would not have legal access restricted.
The executive order was issued in the wake of hemp products being legalized at a federal and state level, operating in a largely unregulated marketplace. The federal government passed the Agriculture Improvement Act in 2018, legalizing hemp and hemp-derived products and directing states to regulate its production.
The 86th Texas Legislature passed House Bill 1325 in 2019 to further distinguish marijuana and hemp products. In the years since, no official action has been taken to prevent minors from purchasing hemp-derived goods from established agricultural, industrial and retail markets.
While the 89th Legislature attempted to pass Senate Bill 3 to introduce regulations for the hemp industry, Gov. Abbott vetoed it based on the grounds that it was not comprehensive enough to effectively protect children while respecting adult agency and liberties.
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