Following Governor Abbott’s Executive Order GA-56, TABC and DSHS have implemented emergency rules to limit the sales of consumable hemp products to adults 21+. This is a welcomed addition to the industry and something we have advocated for over the last 5 years.
Here’s what you need to know, and what it means for consumers, retailers, and advocates.
TABC’s Emergency Rule
The Texas Alcoholic Beverage Commission (TABC), which regulates businesses with liquor licenses, adopted emergency rules that:
- Prohibit TABC-licensed busiensss from selling consumable hemp products to anyone under 21
- Require ID verification before completing a sale
- Apply to operations under TABC’s jurisdiction
- Enforcement began Oct. 1, 2025
- TABC official documents:
- See TABC’s press release: “TABC adopts emergency rules prohibiting sale of consumable hemp products to minors”
- TABC industry notice published on its site with full rule text.
Under Texas law, emergency rules last up to 180 days, after which the agency must go through standard notice-and-comment rulemaking (though they have indicated they aim to make the rule permanent).
DSHS Emergency Rule
On October 3, 2025, the Texas Department of state Health Services (DSHS) followed suit by approving its own emergency rules:
- These prohibit the sale of consumable hemp products to anyone under age 21
- They define a minor as a person under 21
- They require valid ID verification for every transaction
- Violation may lead to revocation of license or registration after a hearing
- These rules are published as Texas Register Rule §300.701 and §300.702 under DSHS’s Consumable Hemp Program
- DSHS characterized these rules as the first step in executing Executive Order GA-56 (Abbott’s directive to regulate youth access)
Before these rules, Texas statute did not impose a minimum age for purchase of consumable hemp — though many businesses voluntarily required proof of age, especially for THC-containing products.
What Consumers & Retailers Should Do Now
We have always held the stance that consumable hemp products should only be sold to individuals who are 21+. It is well known that the majority of the industry has self-regulated on this issue since the hemp program began. However, even if this practice is already in place at your business, there are safeguards that should be implemented to ensure compliance and minimize risk.
- Update POS & ID systems so every sale triggers an age-check for 21+, especially if you sell products that are able to be sold to those under 21.
- Train staff on the new rules, valid IDs, refusal protocols.
- Communicate clearly with your customers: Include an age gate on your website and/or signage in your store window (“Must be 21 to purchase any consumable hemp”).
Rulemaking Has Just Begun
These are emergency rules, not permanent — which means public comment, hearings, and revisions are still ahead. What we can say with confidence is that the 21+ age requirement is here to stay. It’s widely expected that these emergency rules will be formalized into permanent law in the coming months.
Beyond age verification, both DSHS and TABC have signaled that additional hemp regulations are on the horizon. As agencies continue to study the market and gather feedback, we should expect further rulemaking aimed at shaping how Texas’s hemp industry operates moving forward.
The Texas Hemp Business Council will remain actively engaged throughout this process, representing the voices of farmers, retailers, manufacturers, and consumers. We will keep our members informed of key comment periods, hearings, and opportunities to speak up so that the industry has a strong seat at the table as these rules are finalized.
