The Texas Alcoholic Beverage Commission (TABC) has adopted two emergency rules to implement Governor Greg Abbott’s recent executive order protecting children from hemp-derived THC products.
At its September 23 meeting, TABC approved:
- §51.1 – Prohibited Sales to Minors: Bars, restaurants, and other TABC-licensed businesses may not sell consumable hemp products (CHPs) to anyone under 21. A violation results in automatic license or permit cancellation, with no option for warnings, suspensions, or fines. An exception applies if a minor presents a valid-looking government ID and the business checks it carefully.
- §51.2 – Mandatory Age Verification: All sales of consumable hemp products require verification with government-issued photo identification, regardless of the customer’s apparent age. Failure to check ID results in automatic cancellation of the business’s license or permit.
These rules took effect immediately on September 23, 2025, but TABC will begin enforcement on October 1, 2025. As emergency measures, they may remain in effect for up to 180 days.
Governor Abbott’s Leadership
This action follows Governor Abbott’s decisive steps earlier this year. In June, he vetoed Senate Bill 3, which would have banned all hemp-derived THC products, shuttering businesses and driving consumers to the illicit market. Instead, the Governor directed agencies to pursue a regulatory approach.
After lawmakers failed to pass safeguards during two special sessions, the Governor issued his executive order on September 8, 2025, instructing TABC and the Department of State Health Services (DSHS) to prohibit sales to minors, require age verification, and coordinate enforcement.
Enforcement Plan and Concern
TABC has made clear it intends to hold its licensees strictly accountable. Unlike alcohol sales violations—which often involve warnings, suspensions, or fines—these hemp rules require immediate license or permit cancellation for even a single violation. This severe penalty departs from existing enforcement practices and raises concerns about proportionality, especially for businesses acting in good faith.
It is also important to note that TABC’s authority only extends to businesses it already regulates—alcohol retailers, bars, restaurants, and delivery companies. Most hemp retailers in Texas operate without a TABC permit and are instead subject to DSHS oversight. To ensure consistency across the market, DSHS will need to adopt parallel rules.
The Road Ahead
Governor Abbott’s executive order also requires TABC, DSHS, and Texas A&M AgriLife Extension to study and recommend a broader regulatory framework. This work will include a phased implementation plan, assessment of enforcement costs, strategies to prevent unlawful resales, and coordination with local law enforcement.
The emergency rules are an important first step to keep THC products out of the hands of minors, but a balanced, permanent framework is still needed—one that protects youth while ensuring fairness and accountability for Texas businesses.