After two special sessions failed to produce a legislative deal on banning the sale of intoxicating THC products in Texas, Gov. Greg Abbott has taken unilateral action—though limited in scope.
On Wednesday, he issued an executive order implementing a series of new restrictions aimed at limiting access to the controversial substances.
The move comes after the House declined to take up Senate bills that would have outlawed nearly all psychoactive cannabis-derived products currently sold in vape shops and convenience stores. The Senate passed the bill during both special sessions this summer, but the House adjourned without addressing it.
Lt. Gov. Dan Patrick, who championed the ban, had blamed the breakdown on a lack of agreement among the state’s top leaders.
“After long discussions … between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution,” Patrick said before the legislature adjourned last week. “I thank Speaker Dustin Burrows and Republican House members for joining the Senate in passing a complete THC ban during the regular session. My position remains unchanged; the Senate and I are for a total THC ban.”
Instead, Abbott’s executive order institutes several immediate restrictions. It bans the sale of THC products to anyone under 21, requires ID checks for all purchasers, prohibits retail locations within 1,000 feet of schools or churches, and directs state agencies to review product testing protocols and raise licensing fees to improve enforcement.
“Texas will not wait when it comes to protecting children and families,” said Abbott. “While these products would still benefit from the kind of comprehensive regulation set by the Texas Legislature for substances like alcohol and tobacco, my executive order makes sure that kids are kept safe and parents have peace of mind now, and that consumers know the products they purchase are tested and labeled responsibly.”
The executive action falls short of the sweeping prohibition sought by Patrick and State Sen. Charles Perry (R–Lubbock), who authored the original bill. Senate proposals would have eliminated nearly all THC-infused consumables currently on store shelves, including gummies, vapes, oils, and drinks, by outlawing products with more than 0.3 percent delta-9 THC by dry weight or with psychoactive effects.
Patrick had agued that any regulation of THC would amount to de-facto legalization.
Abbott, meanwhile, has sent mixed signals on the issue. While he vetoed a previous version of the ban after the regular session, he has more recently stated that his goal is to eliminate “intoxicating THC products” and ban them for children.
With no agreement reached during the special sessions, Abbott’s executive order may serve as a stopgap, though it leaves unanswered questions about long-term regulation and enforcement.
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