TABC Implements Emergency Rules on THC in Texas

The Texas Alcoholic Beverage Commission (TABC) has adopted two emergency rules that impose new restrictions on the sale of hemp-derived THC products. These rules went into effect immediately after being approved, with enforcement slated to begin October 1, 2025.

What the New Rules Do

1. Ban sales to under-21 customers
   Under Rule 51.1, any TABC-licensed business is prohibited from selling, serving, or delivering consumable hemp products to individuals under age 21. License cancellation will result for violations.
   There is a safe-harbor provision: if a business verifies ID, reasonably believes the buyer is 21 or older, and is later shown the person misrepresented themselves, the seller is not automatically in violation.
2. Require age verification at point of sale
   Rule 51.2 mandates that TABC-licensed retailers carefully inspect a government-issued, unexpired ID that matches the buyer’s appearance before completing any sale of consumable hemp. Failure to do so also triggers license cancellation.

The rules apply only to TABC license and permit holders; entities outside TABC’s jurisdiction (e.g. many smoke shops, online sellers) fall under separate rules via the Department of State Health Services (DSHS).

Legal Basis & Duration

• These emergency rules stem from Executive Order GA-56, issued by Governor Greg Abbott on September 10, 2025. The order tasked TABC and DSHS with putting in place restrictions to prevent minors from accessing these products.
• Under Texas law, emergency rules remain valid for 120 days (with a possible 60-day extension), during which time the agencies will follow the formal rulemaking process.
• TABC expects to propose formal rules in November and adopt them in January 2026.
• Though effective immediately upon adoption, enforcement will start October 1, 2025, giving licensees time to adjust.

Why the Rules Were Introduced

TABC said the changes are a proactive measure to protect minors and uphold public welfare. In its justification, the agency cited research and testimony linking adolescent THC exposure to risks to brain development, mental health disorders, and public safety concerns.

Another driving factor: the Texas Legislature had attempted to pass Senate Bill 3, which would have banned most consumable THC products, but Governor Abbott vetoed the bill in June 2025. Rather than let the jurisdictional gap linger, the executive order and emergency rules act as an interim regulatory framework.

What This Means for Businesses & Consumers

• TABC-licensed entities (e.g. bars, restaurants, liquor stores) that currently sell or plan to sell hemp-derived consumables must adopt ID checks, age gating, and ensure strict compliance. Noncompliance risks license cancellation.
• Entities outside TABC’s oversight will simultaneously face DSHS rule adjustments under the same mandate from the executive order.
• Consumers under 21 will no longer legally be able to purchase THC consumables from TABC-licensed stores.
• These rules are temporary but carry serious consequences. They also set the tone for Texas’s longer-term regulatory approach to hemp and THC derivatives.