Earlier this summer, Lt. Governor Dan Patrick attempted to push through Senate Bill 3 (SB 3), which would have banned the sale of consumable hemp-derived cannabinoid products containing any detectable amount of THC, including delta-8 and delta-10, but would have permitted the sale of "non-intoxicating" CBD and CBG products. SB 3 was subsequently vetoed by Governor Greg Abbott.
Governor Abbott subsequently called a Special Session of the Texas Legislature on July 21, 2025, to consider congressional redistricting and reconsider the regulation of hemp-derived cannabinoid products, while preserving hemp as a lawful agricultural commodity. The first Special Session was adjourned on August 12. Governor Abbott called another second Special Session on August 18, and it gaveled out of session on September 3.
The Texas Legislature had been instructed to adopt a new regulatory framework for hemp, which is focused on product potency, restricting synthetically modified compounds and establishing efficient enforcement mechanisms. Regulatory and enforcement efforts would be funded with hemp product excise taxes.
Governor Abbott recommended the new regulatory framework include provisions such as prohibiting the marketing of hemp products to children, allowing the sale of THC products only to people 21 years or older and child-resistant packaging for all hemp products. The new framework would also mandate hemp product testing, labeling and potency limits. Likewise, Texas retailers would be required to apply for permits to sell hemp products, and the hours of sales for such products would be restricted. Further, local governments would have the authority to limit or prohibit sales of hemp products.
The Senate passed Senate Bill 6, (SB 6) at the outset of the second Special Session. SB 6 did not advance in the House and was not heard in a House committee after the Senate passed it on August 19. SB 6 would have banned consumable hemp products with any detectable amount of cannabinoids, and would have prohibited nearly all hemp products manufactured and/or sold in Texas. Quite simply, SB 6 would have decimated the hemp industry in Texas. However, as indicated in a recent Texas Tribune article, the Texas Legislature ended the second Special Session without banning or further regulating most THC products after a lengthy battle amongst lawmakers looking to rein in the hemp industry.
Although SB 6 did not pass, Senate Bill 2024 (SB 2024) did pass earlier this year. The original language of SB 2024 targeted e-cigarettes disguised to appear like products found in schools, such as pens, highlighters and cell phones. However, the Legislature ultimately included language which bans cannabinoid vapes.
The cannabinoid vape ban took effect on September 1. The law, as enacted, bans the sale of vapes containing THC and hemp-derived cannabinoids such as Delta-8 and THCa. The law also prohibits the sale or marketing of vapes that contain alcohol, kratom, kava or mushrooms, as well as vape products made in China or in any country designated as a foreign adversary of the United States. Of note, nearly all vape hardware, including the batteries which power vapes, are presently manufactured in China. SB 2024 also enacted stiff penalties. A person found to be in violation of the law could be charged with Class A misdemeanor and could face up to one year in jail and a fine of as much as $4,000. However, the law does not explicitly ban possession of cannabinoid vapes.
Many believed Governor Abbott might convene the Texas Legislature for a third Special Session. However, as reported in The Texas Tribune, it is more likely that Governor Abbott will issue an executive order directing 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.
On September 10, Governor Abbot issued an Executive Order "to protect children from hemp products."
Governor Abbott directed the Texas Department of State Health Services (DSHS), Texas Alcoholic Beverage Commission (ABC), and Texas Department of Public Safety (DPS) to take immediate action and begin the notice and comment rulemaking process to: prohibit sales to minors; require age verification of government-issued ID at the point of sale; and to adopt the appropriate sanctions, including the loss of a retailer's license, if hemp products are sold to a minor.
Governor Abbot has instructed DSHS to review existing rules for possible revision, including: strengtheningtesting and labeling requirements to ensure consumers are fully informed about the products; increasing licensing fees to facilitate enforcement; improving recordkeeping to assist agency oversight and requiring DSHS, ABC, and DPS to coordinate their activities and increase enforcement efforts across Texas, in partnership with local law enforcement agencies.
Specifically, Governor Abbott's Executive Order mandates:
ABC and DSHS must immediately begin the notice and comment rulemaking procedure to prohibit the sale of hemp-derived products to minors and to require verification of the purchaser's age with a government-issued ID prior to completing the sale of hemp-derived products.
DSHS must review existing agency rules for possible revision and update.
- NOTE: These changes include revising testing requirements to ensure the total amount of delta-9 THC accounts for both delta-9 THC and THCa (i.e., Total THC Test).
- This new definition differs from the 2018 Farm Definition of hemp and could decimate the THCa industry and other hemp derived cannabinoids.
- In addition, DSHS is required to: revise application and renewal fees; create hemp product labeling to include the amount and concentration of cannabinoids contained in a product, a recommended serving size, and health warnings and enhance record-keeping requirements.
DSHS is instructed to coordinate with ABC concerning the enforcement of laws and rules regulating hemp products including:
- reallocation of responsibilities for compliance checks, enforcement operations, and seizure authority;
- protocols for transmitting data necessary support enforcement efforts;
- identification of available sources of funding for ABC and
- protocols for reporting by TABC to DSHS on enforcement actions, detected violations and compliance trends.
ABC, DSHS, Texas A&M and any other relevant state agency are
directed to jointly conduct a study on the implementation of rules
similar to HB 309.
The study should include:
- a timeline for phased implementation of the newly proposed regulatory framework
- identification of potential roadblocks that could prevent or disrupt the new regulatory framework;
- evidence-based methods of determining intoxication from hemp derived products for purposes of preventing, detecting, and prosecuting intoxication related offenses
- assessment of strategies to prevent unlawful sales and resales including from other states
- recommendations on coordination between state and local agencies to ensure uniform enforcement across Texas.
DPS is required to coordinate with other law enforcement and regulatory agencies to ensure enforcement of the new rules and regulations and to prevent unlawful sales of hemp products.
We will continue to monitor the regulatory impact and enforcement actions taken in connection with the recent cannabinoid vape ban. Likewise, we will continue to keep you posted regarding Governor Abott's newly proposed executive order and the opportunity to comment on the proposed regulations from ABC and DSHS.
Buchanan's experienced and dedicated Cannabis Practice Group and Government Relations & Public Policy Group will continue to be actively involved with legislators as they grapple with the changing landscape of cannabis regulations at both the state and federal levels.
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