Gov. Greg Abbott has ordered the Texas Department of Public Safety and other agencies to ramp up enforcement against hemp and vape retailers suspected of selling products that exceed legal THC limits, escalating the state’s ongoing battle over how to regulate hemp-derived cannabinoids.
The directive, announced Monday, instructs DPS to coordinate with local law enforcement and health agencies to conduct inspections and seize products that violate state or federal standards. It comes after months of tension between lawmakers, industry groups and regulators over the fast-growing market for consumable hemp goods like delta-8 and delta-9 gummies.
“Texas will protect children from dangerous hemp products,” said Governor Abbott. “Today, I directed the Texas Department of Public Safety to increase surveillance and enforcement of any vape and smoke shop violating Texas law. Texas will prioritize protecting our children.”
Under current law, hemp products in Texas must contain no more than 0.3% delta-9 THC on a dry-weight basis — the same standard established by the federal 2018 Farm Bill. However, enforcement has proven difficult as manufacturers produce psychoactive compounds derived from hemp that skirt the definition of marijuana.
Abbott’s move follows his September Executive Order GA-56, which banned the sale of THC-containing hemp products to minors and directed state agencies to adopt stricter labeling and testing rules. The Texas Department of State Health Services and the Texas Alcoholic Beverage Commission are now developing permanent regulations under that order.
Lt. Gov. Dan Patrick and other Republican leaders have pushed for an outright ban on consumable hemp products, but Abbott has instead called for a regulatory framework similar to alcohol and tobacco — one that imposes age limits, testing standards and retail oversight without shuttering the industry.
The governor’s office said DPS enforcement will focus first on stores accused of selling untested or mislabeled edibles, particularly in urban areas where complaints have surged. Violations could lead to civil fines or criminal charges, depending on the product’s THC concentration and packaging.
Advocates in the hemp industry say they support more oversight but oppose what they call selective enforcement and political posturing.
The hemp market in Texas has ballooned since 2019, with hundreds of shops opening statewide and sales reaching an estimated $2.1 billion annually, according to industry analysts. Retailers say the lack of consistent enforcement has fueled both confusion and abuse.
For now, Abbott’s order signals a middle-ground approach: tightening enforcement while leaving the door open for a more structured, legal hemp economy.