New Texas Emergency Rules Take Effect: State Bans Consumable Hemp Sales to Under 21

In a recent press release, the Texas Department of State Health Services (DSHS) disclosed the implementation of emergency rules (Rule §300.701 and Rule §300.702) which mandated that licensed and registered consumable hemp product businesses would not be allowed to sell products to individuals under the age of 21 years old (1). These regulations were approved by Cecile Erwin Young, the Health and Human Services Executive Commissioner.

With the adoption of these emergency rules, it marks the beginning of working toward Texas Governor Greg Abbott’s executive order GA-56, which was signed back in September 2025 (1,2). The executive order was aimed at protecting kids from both hemp and hemp-derived products. According to the press release (1), “The rules define a minor as a person under 21 years of age, require consumable hemp sellers to verify purchasers have a valid ID that shows they are at least 21 years old, and provide for penalties including the revocation of a license or registration for violations.”

As mentioned in the press release, the Executive Order directs the following agency motions (2):

• DSHS and TABC must ban sales to minors and require verification of government-issued ID at the point of sale, with failure to do so resulting in the loss of a retailer’s license.
• DSHS must review existing rules for possible revision, including strengthening testing and labeling requirements to ensure informed consumers, increasing licensing fees to facilitate enforcement, and improving recordkeeping to assist agency oversight.
• DSHS, TABC, and DPS must coordinate and increase enforcement across the state, in partnership with local law enforcement agencies.

At this time, the emergency rules that were implemented will be in effect for up to 120 days and have the option to be extended through a one-time 60-day extension. While this is taking place, the DSHS is working towards permanent regulations that will impose an age requirement, as well as other sections included in the GA-56 executive order. Once the DSHS announces their proposed rules, the public will be allowed to offer any commentary on those regulations during a scheduled public hearing.

THBC and TCPC Announce Support for Texas Governor’s Executive Order

In a September 2025 press release (2), the Texas Hemp Business Council (THBC) released a statement in support of Texas Governor Greg Abbott’s Executive Order GA 56.

“Texas will not wait when it comes to protecting children and families,” said Governor Abbott (2). “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.”

“The Texas Hemp Business Council recognizes Governor Abbott’s executive order, emphasizing that existing Texas hemp laws already regulate the industry, while supporting protections for minors and practical enforcement for hemp businesses. By avoiding a ban on hemp products, GA 56 preserves lawful adult access, promotes responsible commerce and discourages the growth of illicit markets,” THBC expressed (2).

“We fully support measures that ensure hemp products are sold only to adults aged 21 and over, including child-resistant packaging and measures to reduce potential school exposure,” the press release mentioned (2).

“This executive order is an important step toward a responsible hemp market in Texas,” said Heather Fazio, Director of the Texas Cannabis Policy Center (2). “By keeping these products away from kids and holding businesses accountable through clear rules and enforcement, the Governor is advancing both public safety and personal freedom.”

References

1. DSHS announces emergency rules prohibiting the sale of consumable hemp products to minors https://www.dshs.texas.gov/news-alerts/dshs-announces-emergency-rules-prohibiting-sale-consumable-hemp-products-minors (accessed Oct 8, 2025).
2. Colli, M. THBC and TCPC applauds governor Abbott’s executive order on hemp sales to minors https://www.cannabissciencetech.com/view/thbc-and-tcpc-applauds-governor-abbott-s-executive-order-on-hemp-sales-to-minors (accessed Oct 8, 2025).