Governor Gregg Abbott to act on THC

Why Now?

For years, Lt. Governor Dan Patrick has blocked any meaningful regulation of hemp-derived THC, insisting on nothing short of a total ban. His refusal to consider responsible measures like age limits has left minors more exposed, not less. At the same time, prohibitionist voices such as Grand Prairie Allen Police Chief Steve Dye have amplified fear-driven narratives, leaving responsible operators and parents alike without clear rules to follow.

By contrast, if Governor Abbott were to issue an executive order setting 21 as the minimum age, it would be a powerful signal of support for the regulated hemp industry. Even if such an order were later challenged in court, the very act of taking that step would remove immediate uncertainty over what laws apply to minors. More importantly, it would demonstrate Abbott’s willingness to lead with pragmatic solutions instead of moral panic.

What Age Gating Means

Age gating requires consumers to prove their age before purchasing products restricted to adults. The same principle already applies to alcohol, tobacco, and nicotine sales. Extending it to hemp-derived THC products would simply bring Texas into alignment with best practices nationwide. It is a proven tool to reduce youth access and reinforce the message that these products are for adults only.

How It Works

At the point of sale, modern ID scanning systems can instantly read and validate a driver’s license against the Department of Public Safety’s database. Once the ID is cleared, the sale goes through. If every purchase required this kind of verification, direct access for anyone under 21 would be virtually eliminated.

This does not mean that every avenue of youth access disappears. As with alcohol, some minors will still get products through “social access”—friends or acquaintances of legal age making purchases for them. But setting a firm legal age gate at 21 drastically reduces overall youth access and creates enforceable legal standards for retailers.

Training the Front Lines

Effective regulation requires more than technology. Store employees must be trained to use it correctly and consistently. That is why the Cannabis Retail Alliance for Texas (CRAFT) developed its certified training program. The program equips retail staff with the skills to card customers properly, detect fake IDs, handle refusals, and document compliance. Just as bartenders and tobacco clerks are trained to uphold age restrictions, CRAFT ensures that hemp retailers meet the same professional standards.

An Interim Study Option

In addition to executive action, Governor Abbott has the authority to direct state agencies under his control to conduct a regulatory review. But a more constructive step for lawmakers would be to establish a formal interim study before the 90th Legislature convenes in 2025. A fair study would include equal representation from industry sectors, advocacy organizations, and citizen groups, allowing each to present evidence and testimony in a balanced forum. Such a process would give lawmakers the facts they need to draft durable, effective policies that go beyond temporary fixes.

This stands in sharp contrast to Lt. Governor Patrick’s approach. In recent years, Patrick has orchestrated hearings that critics describe as political sideshows—high on rhetoric but light on evidence. A genuine interim study would elevate facts over fear, helping legislators create rules that protect minors, support responsible businesses, and restore public trust.

Why Law—or Executive Action—Is Needed

Right now, age gating is an industry best practice, but without the force of law it is unevenly applied. Responsible businesses follow the rules while others cut corners, creating risk for minors and tarnishing the entire market. Governor Abbott has an opportunity to fix this. Even a temporary executive order would give clarity, set expectations, and establish a baseline of responsible regulation until the Legislature completes its work.

The Bottom Line

Lt. Governor Dan Patrick has staked out prohibition as his only acceptable policy, ignoring the commonsense safeguards parents, businesses, and law enforcement actually need. Chief Dye and others have fueled fear without offering solutions. Governor Abbott, however, has two powerful tools at his disposal: he can set the minimum age for THC sales at 21 through executive action, and he can encourage lawmakers to conduct a genuine interim study to guide long-term policy.

Either step would mark a turning point—away from rhetoric and toward real regulation. Together, they would protect minors, respect adults, and give Texas’s hemp industry the clear, responsible rules it needs to survive.