On September 10, 2025, Texas Governor Greg Abbott signed Executive Order GA-56, addressing the regulation of hemp and hemp-derived products in the state. This order comes amid growing concerns over the proliferation of unregulated hemp-derived cannabinoids, such as delta-8 THC, which have flooded the market following the 2018 federal Farm Bill’s legalization of hemp. The document, released through the Office of the Governor’s press files, aims to balance public health protection with the economic benefits of the hemp industry.
Background and Rationale
The executive order highlights the rapid expansion of the hemp industry in Texas since the passage of the 2019 state House Bill 1325, which aligned Texas law with federal standards by defining hemp as cannabis with less than 0.3% delta-9 THC. While this has spurred agricultural and business growth, it has also led to challenges. Products containing synthetic or semi-synthetic cannabinoids—like delta-8, delta-10, and others derived from hemp but mimicking intoxicating effects—have evaded strict controls. These items are often marketed in forms appealing to minors, such as gummies, vapes, and edibles, raising alarms about youth access and potential health risks, including addiction and impaired development.
Governor Abbott’s order references ongoing legislative efforts, noting that the Texas Legislature has repeatedly attempted to curb these products through bills like Senate Bill 3 in 2023 and House Bill 5 in 2025, which sought to ban most intoxicating hemp-derived substances. However, vetoes and partial implementations have left gaps. GA-56 steps in to provide immediate regulatory clarity while directing state agencies to prepare for stricter enforcement.
Key Directives
The order outlines several targeted actions:
1. Prohibitions on Intoxicating Products:
• Effective immediately, the sale, distribution, or possession of hemp-derived products containing delta-8 THC, delta-10 THC, or other intoxicating isomers is prohibited if they exceed 0.3% delta-9 THC or are marketed in ways that target minors (e.g., flavored edibles resembling candy).
• Edible hemp products must be clearly labeled with warnings about THC content and age restrictions (21+). Non-compliance can result in product seizure and fines up to $10,000 per violation.
2. Regulatory Oversight:
• The Texas Department of State Health Services (DSHS) is directed to adopt emergency rules within 30 days to classify intoxicating hemp-derived cannabinoids as controlled substances under Chapter 481 of the Texas Health and Safety Code.
• The Texas Department of Agriculture (TDA) will oversee licensing for hemp growers and processors, requiring third-party testing for all products to verify THC levels. Licenses can be revoked for violations.
3. Enforcement and Penalties:
• Local law enforcement and the Texas Alcoholic Beverage Commission (TABC) are empowered to conduct inspections and raids on retailers selling non-compliant products.
• A new task force, comprising DSHS, TDA, and the Attorney General’s office, will be formed to monitor compliance and educate the public. Repeat offenders face misdemeanor charges, escalating to felonies for large-scale operations.
4. Exceptions and Support for Legitimate Industry:
• Pure CBD and non-intoxicating hemp products (e.g., for medical or industrial use) remain legal, with streamlined permitting for farmers.
• The order encourages innovation in low-THC hemp for textiles, biofuels, and wellness, allocating $5 million in state grants for compliant research