What you need to know
The new rules, which were drafted after Gov. Greg Abbott issued a Sept. 10 executive order requesting tighter THC regulations, apply only to retailers that sell alcohol. The rules state that:
- Texas retailers with TABC licenses may not sell, offer to sell, serve or deliver consumable THC products to minors.
- TABC license holders must check the IDs of all customers purchasing THC products to ensure they have an “an apparently valid, unexpired proof of identification” and are at least 21 years old.
“TABC has a statutory responsibility to ensure its license holders do not impede the general welfare, health and safety of Texas communities,” TABC executive director Thomas Graham said in a Sept. 23 statement. “The commission’s actions today are a reasonable measure within its authority to help protect children across this state.”
About 60,000 Texas businesses hold TABC licenses and will be prohibited from selling THC products to minors. Those businesses include bars, restaurants, liquor stores, grocery stores and some convenience stores.
However, the rule does not apply to THC retailers that do not sell alcohol or have a TABC license, such as smoke shops, gas stations or online sellers. Approximately 8,000 businesses are licensed by the Texas Department of State Health Services to sell consumable hemp products in the state, including some retailers that also sell alcohol.
TABC communications director Chris Porter told Community Impact that the agency is “in discussions” with DSHS to determine how to enforce age restrictions at all Texas businesses. DSHS will propose new rules for consumable hemp products "in the next few weeks" and hold a public meeting on the proposed changes, DSHS spokesperson Lara Anton said in an emailed statement Sept. 25.
What they’re saying
During the Sept. 23 meeting, Lukas Gilkey, the CEO of Austin-based hemp retailer Hometown Hero, said he was grateful the commission was working to limit THC sales to customers 21 years old and up.
“It's been something that [the industry] has wanted for a very long time and have struggled to get,” Gilkey told the commissioners. “So it's an honor to be here and work with you.”
Betsy Jones, the policy and strategy director of Texans for Safe and Drug-Free Youth, urged the TABC to work with public health and cannabis policy experts when drafting the final rules.
“Like alcohol, cannabis is not an ordinary commodity. Early cannabis use leads to long-term consequences, including mental health issues like psychosis and depression,” Jones said Sept. 23. “The products we're talking about are available in every community in Texas, in gas stations, vending machines, convenience stores, grocery stores, food trucks. They're marketed to be attractive to kids.”
Christine Scruggs, an advocate against THC use, said she did not believe Texans of any age should use THC products. She told commissioners that her son began using THC when he was 22 years old and struggled with mental health issues as a result before undergoing treatment.
“We should not continue to allow these substances to be sold in Texas, and the reason is because Texans’ brains are worth infinitely more than any amount of money that the hemp industry can produce,” Scruggs said during the Sept. 23 meeting.
Next steps
The emergency rules adopted Sept. 23 will be in effect for 120 days and can be extended for an additional 60 days. The TABC will hold an Oct. 9 meeting to discuss the rules with industry stakeholders and propose “substantively similar” permanent rules during a Nov. 18 meeting.
If TABC commissioners sign off on the official rules in November, they will be published in the Texas Register for public comment and formally adopted in January, Porter said.
More information about the TABC’s THC regulations and how to report violations is available on the agency’s website.
Abbott’s executive order also directs state agencies to expand testing and labeling requirements for THC products; increase licensing fees for manufacturers and retailers; and enhance law enforcement monitoring of THC businesses. TABC, DSHS and the Texas Department of Public Safety had not released information about those policies as of press time.
