Oct. 9 Stakeholder Meeting: TABC Outlines Path to Permanent Rules on Hemp Age Restrictions
Today, the Texas Alcoholic Beverage Commission (TABC) hosted a stakeholder meeting to walk through draft rules that will be presented to the Commission on November 18. These rules are aimed at enforcing age restrictions for the sale of consumable hemp products (CHPs) in line with Governor Abbott’s Executive Order GA-56.
TABC emphasized a narrow scope: the forthcoming proposal addresses age-gating only (no sales to people under 21 and mandatory ID checks). The agency does not currently plan to introduce additional rules outside the enforcement of age restrictions, and it will coordinate with DSHS to maintain consistency across jurisdictions.
Key Takeaways
- Written comments welcome: TABC invites written feedback through Nov. 3 so staff can share stakeholder input with commissioners ahead of the Nov. 18 meeting.
- Send comments to rules@tabc.texas.gov (include “Consumable Hemp Products” in the subject line).
- New Rules on Selling Consumable Hemp Products:
- Prohibit sales, service, or delivery of CHPs to anyone under 21 by TABC license/permit holders.
- Require ID inspection and age verification (21+) before completing any CHP sale, service, or delivery.
- Purpose: implement GA-56’s directive to keep intoxicating hemp products out of the hands of minors.
- Substance: proposal mirrors the emergency rules (51.1 and 51.2) already in effect, focused on age restrictions and verification requirements.
- Due process on penalties: A major concern raised by stakeholders—including our organization—was the automatic license cancellation required under the emergency rules. TABC clarified that under the proposed permanent rules, violations of hemp age restrictions will follow the same due process as alcohol violations, ensuring fairness and consistency. This means that any suspension or cancellation will proceed through TABC’s established enforcement process, giving businesses proper notice, an opportunity to respond, and the right to appeal.
- Jurisdiction:
- TABC’s rules apply only to businesses it already regulates (licensees/permittees like bars, restaurants, and alcohol retailers).
- Hemp-only retailers (who do not hold a TABC license) fall under DSHS—and will be governed by DSHS rules, not TABC’s.
- Focus on intoxicating products: The age-restriction rules are intended to address intoxicating CHPs and keep them out of the hands of minors. Stakeholders suggest further clarification on this.
Timeline & How the Process Works
Now–Nov. 3: TABC accepts written comments on the draft rules (rules@tabc.texas.gov).
Nov. 18 Commission Meeting: Commissioners will vote to publish the draft rules in the Texas Register (or reject them).
Texas Register Publication: If approved for publication, a 30-day public comment window opens.
Potential Revisions: TABC may revise the draft based on comments.
Final Adoption: After the comment period, commissioners can vote to adopt final rules at a subsequent meeting.
Additional Stakeholder Meeting: TABC plans another stakeholder meeting after Nov. 18 to receive public input before finalizing rules.
Current Landscape: Emergency Rules in Effect
TABC is currently operating under emergency rules that prohibit sales to minors and require mandatory ID checks by TABC licensees/permittees. Read more here: TABC moves quickly to enforce Governor’s executive order on hemp.
Similarly, DSHS has issued emergency rules and is drafting permanent rules relating to age restrictions for purchasing consumable hemp products. Read more: DSHS emergency rules prohibit sale of hemp to minors.
What This Means for Businesses (TABC-Licensed)
- Continue no-sale-under-21 policies for CHPs.
- ID every CHP transaction.
- Monitor the Nov. 18 meeting outcome; if the rules are published, consider submitting a formal Texas Register comment within the 30-day window.
How to Comment
- Email: rules@tabc.texas.gov
- Subject: “Consumable Hemp Products – Age Restrictions”
- Tip: Be specific—note operational impacts, training needs, clarity of definitions, and alignment with DSHS requirements to promote consistency.