In Texas, THC products derived from hemp are making a name for themselves

Texas is venturing into the regulation of «intoxicating» products - with significant levels of THC, up to 0.3% - derived from hemp under the action of a Republican governor Greg Abbott's decree.

While cannabis remains strictly forbidden in Texas, the THC derived from hemp is legal and has fostered the emergence of a multi-billion dollar market.

This paradox, created after the 2018 federal farm bill legalized hemp production, has enabled Texas entrepreneurs to produce and sell hemp-based intoxicants, gummies, vapes or THC-A flowers, for example.

Unlike many other states, Texans can go into a specialty store and legally purchase edible THC products from hemp, while still facing stiff criminal penalties for possession of small amounts of cannabis.

The hemp boom has spawned more than 8,000 retailers statewide, with a market estimated by industry professionals at over $8.5 billion. But it has also sparked an intense political debate: should Texas crack down on hemp-based products as he did with cannabis, or regulate them like alcohol and tobacco?

Governor Abbott's new decree aims to find a compromise after months of deadlock in the state legislature.

From legislative deadlock to executive action

Earlier this year, the Texas legislature considered and passed a bill to ban hemp THC products altogether. The Senate, led by Lieutenant Governor Dan Patrick, Patrick has always advocated a ban, arguing that THC, whatever its origin, is a threat to public safety. Patrick went so far as to call hemp-based THC products «poison for our population».

But Abbott vetoed the ban in June, citing economic and legal concerns. Not only would the ban have dismantled the state's hemp industry, but it also risked conflicting with federal definitions of hemp. Instead, Abbott urged legislators to put in place a regulatory framework similar to that applicable to the sale of alcohol.

The legislature failed to reach a compromise in two special sessions. The Senate adopted additional bans, while the House of Representatives refused to move them forward. By early September, Abbott had lost patience. «Stay tuned,» he told reporters on Capitol Hill, hinting that he would take unilateral action.

On September 10, the governor signed his decree. «Safety for children, freedom for adults,» Abbott wrote on X, clearly summing up his position.

What the decree requires

The decree charges the Texas Department of State Health Services (DSHS) and the Texas Alcoholic Beverage Commission (TABC) to draw up new rules for THC-based products. Measures include :

• Ban on sales to minors
• Identity verification for all purchases
• Permit revocation of non-compliant retailers
• Revising existing rules to improve the quality of our products testing, labeling and record-keeping
• The increase in licensing rights to finance the application of the law
• Coordination with the public safety department to strengthen surveillance

It should be noted that the decree does not set a specific age threshold, although Abbott has repeatedly called for sales to be limited to people of a certain age. aged 21 and over. Agencies now have ten working days to start revising their rules.

Abbott has also commissioned the DSHS, TABC and Texas A&M AgriLife Extension Service to study how to implement a more comprehensive regulatory framework, citing House Bill 309 as a model. This proposal, which failed during the second extraordinary session, would have created a Texas Hemp Council responsible for supervising testing and licensing. It also prohibited the sale of hemp flowers for smoking.

Earlier this month, Texas banned the sale of vape pen THC.

In a press release, the governor stressed that regulation was essential to give consumers confidence.

«My decree ensures the safety of children and the peace of mind of parents, and lets consumers know that the products they buy are tested and labeled responsibly,» Abbott told the Texas Tribune.

The hemp industry breathes a sigh of relief

The decree was greeted with relief by the’hemp industry, who feared that legislators would impose a total ban. Jim Higdon, co-founder of Cornbread Hemp, The decree was described as a «step in the right direction» in comments published in Marijuana Moment.

For many hemp companies, regulation is preferable to legal uncertainty. Kyle Bingham, farmer and vice-president of the National Hemp Growers Association, The company's President, Dr. K. K., pointed out that stricter rules will probably mean more paperwork, but also better quality assurance: «It's simply part of the process of professionalizing the sector.»

The Texas Hemp Business Council, which had supported earlier efforts to impose an age restriction, echoed this sentiment. Its president, Cynthia Cabrera, said, «The decree isn't quite what we wanted, and we may work on that. But it's a lot better than the lieutenant governor's archaic thinking.»

The political divide persists

Despite Abbott's intervention, the political class remains deeply divided. Senator Charles Perry, author of all hemp bans in the Senate this year, insisted that an age limit alone was insufficient. He called for an outright ban on «all synthetic cannabinoids, converted cannabinoids and smoking products», warning that the debate «is not over».

Patrick, Abbott's number two, also showed no sign of softening his stance. His insistence on a total ban contrasts sharply with Abbott's more pragmatic approach.

This tension highlights a broader contradiction: Texas continues to criminalize possession of cannabis THC, Even small quantities of hemp THC can be legally sold in gas stations, tobacco stores and specialist retailers.