September 14, 2025
With no resolution on hemp regulation during two special sessions, Governor Abbott has declared he will issue an order to rectify some major issues in the industry.
So far the following is a list of items rumored to be on Abbott’s order.
The committee hearings that took place during regular and special session caused more confusion as there was a massive amount of misinformation spread by both the Lt. Governor and Senator Charles Perry
Customers and observers to the issue are making claims though that some ofthis was already a requiremnet. This is likely due to many shops in Texas going through many of the motions the Governor is putting into law. Not because the state had legal language on the books about this issue.
Texans are either debating or lashing outline that the age verification wasn’t needed because they believed it was already the law. That myth had been spoken throughout the session by even some out of state retailers and customers, despite Texas has never age gated hemp during it’s 6 years of operation. Going and looking at the social media posts of outlets such as Texas Cannabis Collective and The Texas Hemp Business council, it doesn’t take long to find this rhetoric.
In writing this article Gov Abbott released his executive order on hemp regulations in Texas.
Much of the authority speculation was addressed by attorney Susan Hays speaking with the Fort Worth Star Telegram. Just how much the Governor could accomplish was in question, and it appears much of the order is something Abbott likely has the power to do by pressing DSHS to craft rules around testing and sales rather than try to create new laws. A part that could become problematic, especially if it does conflict with the laws the legislature has crafted, deals with testing.
“Revising testing requirements under 25 T.A.C. §§ 300.301-300.303 to ensure that tests measure the total delta-9 THC content of a hemp-derived product by accounting for both delta-9 THC and the conversion of tetrahydrocannabinolic acid (THCA);”
If the previous laws crafted by the legislature do not allow for this type of change, then the governor does not have the authority to change that by executive order. The governor doesn’t have the power to overide a legislative passed law that he signed into law as well.
Lukas Gilkey of Hometown Hero noted on social media as well that people should not worry yet, but band together. The decision to test as such has not been decided and is just being considered as a possibility. These rules are not absolute right now and are not being enforced right now. The DSHS office has 10 days to start reviewing, not to start enforcing this.
The order Abbott has put out notes that the Department must calculate costs to correctly and efficiently manage this. The industry needs to be active in monitoring this for transparency and make sure that the license fee is not outrageous and is not an undue burden on the regular shops of Texas.
It is believed at the time that the cost of licenses could cost upward of 10 to 20 thousand dollars. That’s likely to be an assummption of running things efficiently with 3/4 of the industry sticking around to be in business. From there many smaller shops will not be able to afford the cost and will bow out. The department is not likely going to lower the license cost to operate even if a significant amount of work reduction transpires from these exits.
And remember, part of the liberty the Greg Abbott talks about needs to include reducing barriers to entering the marketplace. Not only should license fees be covering this cost to regulate but the sales tax revenue brought in should be covering this as well.
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