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Earlier this year, Texas Senate Bill 3 (SB 3), championed by Lt. Governor Dan Patrick, which would have banned consumable hemp THC products, was vetoed by Governor Greg Abbott. Following on SB 3's heels, Governor Abbott issued executive order GA-56 on September 10, 2025, ordering the Texas Alcoholic Beverage Commission (TABC), the Department of State Health Services (DSHS) and the Department of Public Safety (DPS) to promulgate new regulations governing consumable hemp THC products. This executive order aligns with Governor Abbott's belief that consumable hemp THC products should be allowed in the market, but be tightly regulated and not accessible to children.
Some notable pieces of Executive Order GA-56 are:
- DSHS is ordered to review and revise its rules regarding the testing and labeling of consumable hemp THC products, particularly revising the testing requirements to ensure tests capture the total delta-9 THC content, including the conversion of THCA;
- DSHS is instructed to increase application and renewal fees for the industry to aid in providing resources to state agencies for oversight and enforcement;
- DSHS and TABC are to pass regulations banning sales to minors and requiring retailers to verify ID at sale, or risk penalties, including revocation of their retail license; and
- DPS is to increase enforcement of state hemp rules violations, including coordination with local law enforcement.
On September 23, 2025, TABC published two emergency rules that: (1) bar any business with a TABC license from selling consumable hemp products to customers under 21; and (2) require all TABC licensees to verify government-issued IDs for purchasing customers. TABC began enforcing these new rules on October 1, 2025. Additionally, DSHS published two rules that will begin being enforced on October 17, 2025 that bar anyone from selling a consumable hemp THC product to a person under 21, and requires that sellers must ID verify before selling. The penalty for violating these statutes includes any of the enforcement options provided by Texas Health and Safety Code, Chapter 431, Subchapter C, including potential revocation of their consumable hemp license or retail hemp registration.
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