Cannabis policy is evolving quickly!
With the passage of HB 46 expanding the Compassionate Use Program and Gov. Abbott’s executive order on hemp regulation, cannabis policy is changing quickly.
Several state agencies have been tasked with administering the cultivation, manufacturing, and distribution of cannabis products. The rule-making process is underway. Here’s what’s happening now:
Texas Hemp Program
The Texas Alcoholic Beverage Commission (TABC) has begun enforcing their newly adopted emergency rules, which prohibit the sale of consumable hemp products (CHP) to anyone under 21 and require mandatory ID checks for every purchase. TABC has a zero-tolerance policy and any business caught selling to a minor will immediately have their TABC license cancelled. Learn more here.
TABC is hosting a stakeholder meeting next Thursday, Oct. 9, 2025. At this meeting, TABC staff will receive public comment and discuss permanent age-gate rules. Details here.
It’s important to note that these rules only impact businesses that are TABC licensed/permitted. All other registered retailers and licensed manufacturers fall under the jurisdiction of the Department of State Health Services (DSHS). According to their website, “DSHS is currently in the process of proposing revisions to program rules to prohibit the sale of hemp-derived products to minors, requiring age verification, and updating existing rules to comply with the executive order.” Find more information here.
Last month, Sen. Charles Perry urged DSHS and the Department of Agriculture (TDA) to tighten hemp regulations after his failed legislative attempts, calling for “Total THC” testing, stricter definitions of hemp versus marijuana, and rules to prevent individuals from exploiting loopholes.
Yesterday, Agriculture Commissioner Sid Miller pushed back on Sen. Perry’s “incorrect assertions,” saying “..we wrote our rules to match the USDA’s final rule. I’m proud to say Texas requires tough, reliable lab testing that protects consumers and keeps our program honest. There are no regulatory loopholes for hemp grown in Texas under my watch.”
However, Commissioner Miller acknowledged that TDA is beginning their required review of the hemp rules and would consider Perry’s request to clarify the total THC measurement standard. Read more here.
Texas Compassionate Use Program
The Department of Public Safety has concluded its recent rule-making process and the recent application period. On December 1, we’ll know which 9 businesses received a license to operate under the Texas Compassionate Use Program (TCUP).
In addition to hemp rules, to implement HB 46, the Department of State Health Services (DSHS) has proposed new rules to administer TCUP.
New DSHS rules explain how physicians can request to add medical conditions to the list, set standards for pulmonary inhalation medical devices prescribed under the program, and establish a timeline for reviewing and approving such devices. Our big concern is that doctors will be tasked with recommending vape devices for approval by the department. Instead, dispensing organizations should vet and recommend vape devices they wish to make available for sale.
The rules have been published in the Texas Register for review. Read more here and submit pubic comment.
Click here to read public comments from the Texas Cannabis Policy Center.