Governor Greg Abbott has directed the Texas Department of Public Safety (DPS) to increase enforcement action against vape and smoke shops that are not in compliance with state laws and regulations governing hemp products. The initiative activates the agency’s Criminal Investigations Division (CID) to conduct inspections, product testing, and undercover operations aimed at identifying unlawful activity among retailers.
“Texas will protect children from dangerous hemp products,” Governor Abbott said in announcing the initiative. “Today, I directed the Texas Department of Public Safety to increase surveillance and enforcement of any vape and smoke shop violating Texas law. Texas will prioritize protecting our children.”
Under the Governor’s directive, DPS’ CID will coordinate with state, local, and federal partners to perform targeted operations at businesses suspected of violating Texas law. Special Agents will test seized products through the DPS Crime Lab and bring charges against employees or business owners where criminal violations are found. The agency will also leverage federal and local law enforcement partnerships to expand investigations across the state.
Supporting Enforcement and Accountability
The Texas Cannabis Policy Center welcomes the enforcement of all applicable laws and regulations. Dangerous or mislabeled products put consumers at risk and undermine public trust in this growing market. Responsible businesses that have invested in compliance, testing, and transparency deserve a level playing field—and those who knowingly disregard the law must be held accountable.
We encourage all hemp retailers to make every effort to operate in compliance with state and federal regulations. The legal landscape for hemp and hemp-derived products remains complex, and businesses must remain vigilant. Retailers should consult with knowledgeable attorneys or compliance professionals, verify certificates of analysis (COAs) for every product on their shelves, and maintain detailed documentation. It is each retailer’s responsibility to ensure that every product they sell is both safe and lawful.
Ensuring Fairness and Due Process
While we applaud Governor Abbott’s continued leadership in promoting safety and accountability, we will also be watching DPS’ Criminal Investigations Division closely. The line between criminal activity and administrative non-compliance can be thin, and businesses that are merely out of compliance should have an opportunity to correct violations through administrative due process rather than face criminal prosecution.
The lack of consistent oversight and enforcement by the Department of State Health Services (DSHS) has contributed to the current enforcement gap, leaving law enforcement to step in where regulatory agencies have not. A robust administrative enforcement program—such as targeted inspections, license reviews, and corrective action plans—would help bring more businesses into compliance without relying exclusively on criminal investigations.
A Balanced Path Forward
Governor Abbott’s recent executive order and coordinated agency action demonstrate Texas’ commitment to protecting children while preserving freedom for responsible adults. Alongside DPS’ enforcement initiative, DSHS has adopted emergency rules similar to those recently issued by the Texas Alcoholic Beverage Commission (TABC), prohibiting the sale of consumable hemp products to minors. These efforts mark meaningful progress toward a more accountable and transparent marketplace.
As hemp policy continues to evolve, the Texas Cannabis Policy Center will remain engaged to ensure that regulatory enforcement protects public health, supports legitimate businesses, and upholds the principles freedom and free enterprise.