News Summary
Governor Greg Abbott has announced significant changes to Texas hemp regulations through an executive order aimed at controlling hemp-derived THC products. The order includes age restrictions prohibiting sales to individuals under 21 and mandates state agencies to review current regulations. While the industry expresses cautious optimism about these changes, concerns persist regarding the potential impact on hemp flower sales and economic consequences for businesses. The move reflects broader national conversations about cannabis regulation and public safety.
AUSTIN, Texas — Texas Governor Greg Abbott announced an executive order on September 10 to regulate hemp-derived THC products after the state legislature failed to pass any laws pertaining to the regulation of consumable hemp products during the regular session and two special sessions. This order comes in response to Abbott’s dissatisfaction with the legislative deadlock on the issue.
The newly issued executive order includes significant measures aimed at improving regulation in the hemp industry. One of the primary provisions prohibits the sale of hemp products to individuals under 21 years old. This age restriction mandates that retailers must check government-issued identification from customers purchasing such products to enforce compliance.
In addition to the age restrictions, Abbott’s order instructs several state agencies, including the Department of State Health Services (DSHS) and the Texas Alcoholic Beverage Commission (TABC), to review existing rules on hemp products and consider potential updates. The lack of explicit regulatory measures for THC has raised concerns among state officials and the public alike, prompting Abbott’s intervention. Several bills related to THC regulation have been vetoed in recent legislative sessions, leading to increased scrutiny of the current state of the hemp market.
While Senate Bill 2024, which specifically bans hemp-derived cannabinoids in vape products, has been enacted, it does not address the broader question of THC regulation. Abbott’s executive order reflects a determination to address the regulatory vacuum that currently exists. He plans to consult Texas A&M University’s AgriLife Extension for an in-depth study on how to effectively regulate and enforce rules on hemp products.
Industry advocates have responded with cautious optimism to the proposed measures, particularly the age restriction, which is seen as a step toward responsible regulation. However, concerns exist regarding a specific provision in the executive order, Section 2A, which could require retailers to test for total THC levels, including THCA. This potential requirement raises alarms about the future of hemp flower products, which may face stricter limitations as a result.
Should the review of THC limits lead to tighter regulations, numerous businesses could face significant challenges. The economic viability of many shops is closely tied to the sales of hemp flower products, and increased restrictions might threaten their ability to remain operational. Furthermore, Abbott’s order has garnered criticism from Lt. Gov. Dan Patrick, who argues that the executive order legitimizes the current THC market without sufficient oversight. Patrick has called for a complete ban on THC products, citing concerns that the hemp industry has marketed potentially dangerous products to minors, despite claims made by businesses regarding ID checks.
The division among Texas leaders on how to regulate hemp and THC products is evident, indicating a complex landscape for future legislation. State agencies are required to begin rule-making based on the executive order by September 24, with the TABC poised to discuss new emergency rules aimed at preventing the sale of hemp products to minors in a meeting scheduled for September 23.
The ongoing debate surrounding hemp-derived products and THC reflects broader national discussions about cannabis regulations, as states grapple with finding a balance between public safety concerns and consumer access to these products. While some in the cannabis sector embrace the changes brought about by the executive order, others caution that poorly defined regulations could force consumers toward unregulated markets, complicating efforts to ensure safety and compliance in this burgeoning industry.
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Author: STAFF HERE GEORGETOWN
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