Abbott issues executive order banning THC for minors; emphasizing testing and enforcement

AUSTIN (Nexstar) — Gov. Greg Abbott issued a sweeping executive order on Wednesday morning to ban THC for minors, an issue he said “Texas cannot afford to wait” on.

In full, Abbott ordered:

1. The Texas Alcohol and Beverage Commission (TABC) and the Texas Department of State Health Services (DSHS) to immediately begin the rulemaking process to ban sale of hemp-derived products to a minor and to require an ID check at the point-of-sale.
2. Within ten days, DSHS has to review rules to:
   • Revise testing requirements to ensure that tests measure to total delta-9 THC content by accounting for both delta-9 THC and the conversion of THCA
   • Revise application and renewal fees for hemp manufacturers and hemp retailers to help pay for increased regulator and enforcement costs.
   • Clarify and standardize labeling requirements, including listing the amount and concentration of cannabinoids in a product, a recommended serving size and health warnings.
   • Strengthen record-keeping requirements for all sales, inventory and product testing results.
3. DSHS will coordinate with TABC on the enforcement of laws and rules governing hemp-derived products, including:
   • Determining who is responsible for compliance checks, enforcement operations and seizure authority.
   • Updating protocols to transmit enforcement information between departments.
   • Identifying sources of funding from DSHS to TABC to carry out enforcement.
   • Updating protocols for regular reporting by TABC to DSHS on enforcement.
4. TABC, DSHS, Texas A&M University AgriLife Extension Service and any other relevant state agency shall conduct a study on the implementation of THC similar to a failed bill from the second special session, including:
   • Creating a timeline for phased implementation of a proposed regulatory framework.
   • Identifying potential roadblocks to a proposed regulatory framework.
   • Creating evidence-based methods for determining intoxication levels from hemp-derived products for enforcing intoxication-related offenses.
   • Create strategies to prevent unlawful sales and resales, including from other states.
   • Create recommendations to coordinate between state and local law enforcement agencies on enforcement.
5. Texas Department of Public Safety (DPS) to coordinate with other law enforcement and regulatory agencies to ensure enforcement of state laws governing the unlawful sales of consumable hemp products.

This is a developing story and will continue to be updated.