Texas Cannabis: Rules and Regulations
Department of Public Safety (DPS)
New Medical Cannabis Regulations
- Satellite location application process.
- Satellite location design and security requirements.
- Timeline for reviewing and taking action on applications submitted.
- DPS must act on application submitted within 180 days
- Monitor whether a dispensing organization is using a license. Revoke the license of a dispensing organization that supply products within 24 months of licensure.
New Medical Cannabis Licensing
- At Least 9 New Licenses by December 1, 2025
- Remaining New Licenses (for total of 15) by April 1, 2026
NEW: Statewide Hemp Law Enforcement
Governor Greg Abbott has directed 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.
Compassionate Use Program
DPS regulates the Compassionate Use Program. The Department is responsible for overseeing the cultivation, processing, manufacturing, testing and sale of medical cannabis. They also manage the registry of certified patients and participating physicians.
Compassionate Use Act Overview
Department of State Health Services (DSHS)
New Medical Cannabis Regulations
- Creating a process for doctors to submit requests for DSHS to include a recommendation for additional qualifying conditions in their report to the legislature.
- Establishing an application and approve process for pulmonary inhalation devices.
- Establishing a reasonable timeline for reviewing and granting approval for medical devices for pulmonary inhalation.
Current DSHS TCUP Rules for Incurable Neurodegenerative Diseases.
Next Steps (TCUP)
New rules were proposed in August and public comment was accepted until October 5, 2025. Final adoption is expected before the end of the year.
Click here for details about these proposed rules.
New Consumable Hemp Regulation
On Oct. 3, DSHS adopted emergency rules that prohibit licensed and registered sellers of consumable hemp products from selling them to anyone under age 21. The rules, approved by Health and Human Services Executive Commissioner Cecile Erwin Young, are effective immediately and can be found in the Texas Register at Rule §300.701 and Rule §300.702.
The emergency rules are DSHS’s first step in implementing Governor Greg Abbott’s executive order GA-56 to protect children from hemp and hemp-derived products. 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.
Next Steps (Hemp)
The emergency rules may remain in effect for up to 120 days with the possibility of one 60-day extension. At the same time, DSHS has begun the process of proposing permanent rules to implement the age requirement and other aspects of the Governor’s executive order. As part of that process, the public will have an opportunity to provide comments on proposed rules at a public hearing to be scheduled once those rules are published.
Texas Alcoholic Beverage Commission (TABC)
New Consumable Hemp Product Regulations and Enforcement
Governor Abbott's Executive Order directs the following agency actions:
- 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, TABC, and DPS must coordinate and increase enforcement across the state, in partnership with local law enforcement agencies.
- TABC, DSHS, Texas A&M AgriLife Extension Service, and other agencies will conduct a study on a comprehensive regulatory model similar to House Bill 309.
Read the Governor’s Executive Order here.
On Sept. 23, TABC adopted new emergency rules to prohibit the sale of hemp products to anyone under the age of 21. Read more here. At the Nov. 18, 2025, Texas Alcoholic Beverage Commission meeting, the board voted to take the following actions on agency rules.
Proposed New rules and Amended Rules
- Proposed new rules for consumable hemp products: New 16 TAC §35.5, relating to Prohibited Sales of Consumable Hemp Products to Minors, and New §35.6, relating to Mandatory Age Verification for Consumable Hemp Product Sales. Read full text.
- Proposed amended rules and new rule to clarify current audit standards: Amended 16 TAC §41.37, relating to Destructions; Amended §41.43, relating to Sale after Cancellation, Expiration, or Voluntary Suspense of License or Permit; Amended §41.50, relating to General Provisions; Amended §41.52, relating to Temporary Memberships; Amended §41.53, relating to Pool Systems; Amended §41.65, relating to Contract Distilling Arrangements and Distillery Alternating Proprietorships; and New §41.57, relating to Purchase of Certain Alcoholic Beverages. Read full text.
- Proposed amended rules to clarify cash and credit law requirements: Amended 16 TAC §45.130, relating to Credit Law and Delinquent List; and Amended §45.131, relating to Cash Law. Read full text.
Next Steps
These proposed new rules and amended rules will be published in the Dec. 5 edition of the Texas Register. The public will have a 30-day comment period following publication.TABC will hold a public hearing by Zoom on Dec. 11, from 10-11 a.m. Central time, to discuss the proposed rules. Anyone may participate online and provide oral comments about the proposed rules.
The agency will consider any written comments on the proposed rules that the agency receives by 5 p.m. Central on Jan. 4, 2026. Send your comments to rules@tabc.texas.gov or the Office of General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, TX 78711-3127.
After the 30-day formal comment period ends on Jan. 4, these proposed new rules and amended rules will be eligible for adoption at a subsequent TABC commission meeting. The next planned commission meeting will take place on Jan. 20, 2026.
Keep up with regulatory changes on this TABC webpage.
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