Abbott Expected to Set New Restrictions on THC Products in Texas

Following negotiations during the Legislature’s second special session, Gov. Greg Abbott is preparing to issue an executive order to regulate hemp-derived THC products in Texas.

Despite extended discussions between Abbott, Lt. Gov. Dan Patrick, and House Speaker Dustin 

Burrows, the three leaders failed to achieve a decision before the session was dismissed on September 3rd. “After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” Patrick wrote on X after the session ended.

Patrick’s position regarding the THC matter remains the same, he is looking for a total THC ban, while Abbott is aiming for a regulation in sale and distribution of the products, over prohibition.

A close source to the governor’s office, told The Texas Tribune that Abbott will soon issue an executive order concerning the THC products regulations. Insiders say an unfinished draft framework has been circulating.

Key elements being considered in the proposed regulations include a minimum purchasing age of 21, mandatory ID for purchases, distance restrictions from schools, clear labeling requirements, THC content testing and increased licensing fees for retailers.

These rules mean significant changes for supermarkets and convenience stores that currently sell THC products, as new restrictions might exclude them from continuing to do so.

During a camp safety bill signing, The Texas Tribune informed that Abbott was asked whether he planned to wait until the next regular session in 2027 or call another special session to resolve the THC issue. “I will say, stay tuned on that,” Abbott responded. “Something may be happening soon.”

Until then, the responsibility for implementing and enforcing any action will likely fall to the Texas Department of State Health Services.