“Texas will not wait when it comes to protecting children and families,” said Abbott in a release announcing the order. “While these products would still benefit from the kind of comprehensive regulation set by the Texas Legislature for substances like alcohol and tobacco, my executive order makes sure that kids are kept safe and parents have peace of mind now, and that consumers know the products they purchase are tested and labeled responsibly.”
Hemp industry stakeholders let out a sigh of relief, hopeful that there’s no third special session, and the impassioned efforts of Lt. Gov. Dan Patrick will take a hiatus until the next Legislative Regular Session at the earliest.
“It feels good,” Hayden Meek, owner of Delta 8 Denton, said. “We got beat down a lot along the way. But we also had our victories along the way. And overall, it feels like a win.”
Meek had worried about potentially having to shutter in the event of a blanket THC ban, a reality for thousands of Texans working in the industry that Patrick would have gutted had he been given the chance.
The executive order bans the sale of THC products to minors, mandates ID checking for sales, introduces stricter labeling requirements, and imposes stiffer fees for businesses.
“These are the kinds of accountability checks that are so necessary in this industry, which has exploded in the last few years,” said Heather Fazio, director of the Texas Cannabis Policy Center. “I love to see Texans being able to enjoy cannabis products without fear of being arrested and licensed, regulated businesses operating and selling high-quality products. I think that's what we see for the most part.”
Regulating A Regulated Market
There were few conversations regarding THC that didn’t mention the state’s need for a regulatory framework. The initial law that legalized THC in Texas in 2019, mimicking a federal version that passed Congress in 2018, drew very poor discretionary lines for how businesses could, and should, engage in the market. The few restrictions, which limited products to 0.3% or less THC potency, were easy to circumvent, meaning highly intoxicating products were readily available.But Fazio says the problem was never a “regulated” market; the problem is, and has always been, enforcement.
“There are laws and regulations at the federal and state level that businesses in Texas are required to abide by,” she said. “It's inaccurate to say that hemp is unregulated. What we can say that is accurate, though, is that there has been an utter lack of regulatory enforcement and adequate oversight. So effectively, are they being regulated properly? The answer is absolutely not.”
Fazio is hopeful the executive order will bring some more supervision to the industry and allow Texans to continue to enjoy THC products. The cannabis expert points out that years ago, when the farm bill was initially passed, the hemp industry looked a whole lot different. While she wants regulation, she recognizes the departments in place have been stretched thin, working under an inadequate law, in a rapidly changing environment.
“I want accountability for the agency, first and foremost, as a citizen of Texas,” she said. “But I also want to offer a little bit of grace to the agency because they've been in a really strange position.”
In late August, the United States House Appropriations Committee released the Fiscal Year 2026 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bill, hoping to “[close] the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products.”
The bills, as part of a package, would clearly define what is considered legal hemp, drawing strict rules for THCA and other hemp that “are being used to justify the sale of unregulated hemp-derived cannabinoid products despite some products being widely considered to be intoxicating and to pose public safety and health risks.”
A Governor Of Surprises
Abbott, a staunch conservative, has a surprisingly progressive approach to cannabis law, and Fazio appreciates his nuanced approach.“We've seen his position reflected first in the veto, and now with his executive order, taking a real common-sense approach to cannabis policy, hemp policy, specifically here,” she said. “I'm grateful to see him and the Texas House and some senators taking this seriously and looking at it with an eye on the future.”
Abbott has a clean record when it comes to cannabis policy, taking a more lenient approach than some of his more Republican colleagues and landing short of fully legalizing marijuana, says Fazio.
“He says he doesn't support marijuana legalization, which is fine and standard for many Republicans,” she said. “But he's signed every medical cannabis bill that has come to his desk. He's talked openly in campaigns and during legislative sessions about supporting decriminalization.”
Jim Higdon, a former journalist covering cannabis policy for POLITICO and the co-founder of Cornbread Hemp, hopes Abbott can be an example for other states and looks forward to Congressional changes to hopefully come.
“We want to express gratitude to Gov. Abbott for listening to his people and doing the right thing,” said Higdon. “With prohibition now dead in Texas, we can turn our attention to Congress to ensure this Texas-style approach is adopted nationally to limit purchases to adults over 21, with proper testing and labeling standards."
