Texas Governor Greg Abbott has taken matters into his own hands. On September 10, Abbott
signed an executive order directing the Department of State Health Services (DSHS), the Texas
Alcoholic Beverage Commission (TABC), and the Department of Public Safety (DPS) to
immediately regulate intoxicating hemp products.
The move comes after Lt. Gov. Dan Patrick repeatedly ignored Abbott’s calls for regulation
during two special sessions, insisting instead on an outright ban. By sidestepping the Legislature,
Abbott has effectively reshaped the future of Texas hemp with the stroke of a pen.
What the Order Does
The order bans sales to anyone under 21, requiring strict ID verification at the point of purchase.
Retailers who fail to comply risk losing their licenses. Testing and labeling standards are being
revised to ensure products list cannabinoid content, serving sizes, and health warnings. License
fees will increase to fund enforcement, and agencies are tasked with conducting compliance
checks and seizing non-compliant products.
Perhaps most significantly, the executive order directs agencies to review how THC is measured.
Instead of testing only for delta-9 THC, labs may be required to calculate total THC, which
includes THCa, the non-psychoactive compound that converts into delta-9 when heated.
Why THCa Flower Could Be Affected
If Texas does adopt total THC testing, much of the THCa flower currently sold could suddenly
fall outside the legal definition of hemp. For consumers, that would mean empty shelves, higher
prices, or a pivot to less potent products. For farmers, it might remove the incentive to grow
high-THCa strains, cutting deep into a market that has sustained them for years.
But here is the key: none of this is final yet.
EO: Makes THC 21+ But also calls for tougher THC testing?
Industry Response: “Don’t Panic”
Lukas Gilkey, CEO of Hometown Hero and a founding member of the Texas Hemp Business
Council, has been fielding nonstop questions since the order dropped. In a video posted to social
media, he urged the industry and consumers to stay calm:
“We are getting nonstop questions about THCa in regards to the executive order that was put out
this morning by the Texas state governor. This is simply guidance. Nothing is set in stone on this.
This isn’t even going to start for 10 days where they actually begin reviewing it. The keyword
here is possible. It says DSHS shall within 10 business days begin reviewing existing agency
rules for possible revision. This is a process that can be influenced.”
Gilkey added that the industry now has a chance to work with the governor’s office to help shape
the rules. “The keynote here is don’t panic. We as an industry have the ability to band together
and influence this policy. It’s not set in stone.”
What Comes Next
Abbott has also tasked agencies with studying a comprehensive regulatory model similar to
House Bill 309, introduced earlier this year. That proposal would have created potency caps,
prohibited sales near schools and churches, restricted advertising to children, and established a
THC-based tax structure. The study will set the stage for possible phased implementation of
those measures.
For now, the message from industry leaders is clear: prepare, but do not panic. Retailers and
farmers should expect change, but there is still room to influence how those changes take shape.
Abbott insists the order protects children while preserving adult access. Whether it stabilizes the
market or threatens one of its most vital sectors will depend on how the hemp industry and state
regulators work together over the coming weeks.
Sidebar: What is THCa Flower and Why Does It Matter?
THCa, or tetrahydrocannabinolic acid, is the raw, non-psychoactive form of THC found in
cannabis and hemp plants. By itself, THCa does not get you high. But when exposed to heat
through smoking, vaping, or baking it “decarboxylates,” turning into the familiar delta-9 THC
that does have intoxicating effects.
Here is why that matters in Texas: under federal law, hemp is only legal if it contains less than
0.3% delta-9 THC by dry weight. Because THCa is not counted in that calculation, hemp flower
with high THCa levels but low delta-9 has been legally sold in the state. For consumers, it looks,
smells, and feels like cannabis flower once heated.
Abbott’s executive order suggests reviewing the rules to include total THC. If that happens, the
vast majority of flower products could test “over the limit” and become illegal overnight. For
now, though, the change is only being considered.
SB 3 is on the Texas Senate Intent Calendar for tomorrow, meaning it is eligible for debate and a vote, but that doesn’t guarantee it will be taken up. The Senate convenes at 11 a.m., and the agenda is expected to be full, with multiple bills prioritized for consideration.
Notably, SB 3 is one of at least five bills flagged as high-priority by Lt. Gov. Dan Patrick and could be brought to the floor at his discretion. Because the Lieutenant Governor controls floor recognition, if he decides tomorrow is the day to push forward new regulations on THC, the Senate will take it up accordingly.
That said, I fully expect it to pass through the Senate like shit through a goose—a foregone conclusion given the current political landscape. As we have always known, the real battle lies in the House, where the dynamics are far less predictable, and the outcome may ultimately be decided.
For clarity, since some have asked, this “emergency” designation is political, not constitutional. Some have asked whether this means SB 3 is one of the Governor’s emergency items, which are the only bills that can be voted on in the first 60 days of the 140-day session. It is not—Gov. Abbott did not designate SB 3 as an emergency under the Texas Constitution. Instead, its placement on the Intent Calendar simply means it is eligible for immediate action if Senate leadership chooses to move it forward.
