TABC approves rules to regulate low-level THC for 21 and up in Texas

The emergency rules stem from an executive order issued by Gov. Greg Abbott on Sept. 10. The THC industry welcomes the move after a year-long struggle.

By Phil Prazan •
Published 4 hours ago •
Updated 4 hours ago

NBC Universal, Inc.

Beginning Tuesday, emergency rules are now in place to allow THC retailers to sell cannabis products to adults over the age of 21. This takes effect two weeks after Gov. Greg Abbott issued an executive order earlier this month.

This essentially legalizes low doses of cannabis products in Texas for 21-year-olds. However, customers can only buy products with a 0.3% toxicity level. It ends a pretty intense battle for now.

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“Our votes have been recorded and our motion is approved,” said Commissioner Scott Adkins on Tuesday as the Texas Alcoholic Beverage Commission approved new rules. The governor appointed all commissioners.

“I want to thank TABC for finally putting an age gate in place. It’s something that we’ve wanted for a very long time, and it’s an honor to work with you,” said Lukas Gilkey, CEO of Hometown Hero.

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Beginning Oct. 1, officers with the TABC will require retailers to verify customers’ IDs. The Department of State Health Services will outline additional rules, such as requiring low-level cannabis products with a maximum 0.3% toxicity.

This came over the objections of those who fear the rules only add confusion to a nationwide gray market.

“Many of the products do not follow federal law or FDA requirements. They are unlawful products that must be removed from the shelves,” said Betsy Jones, Texans for Safe and Drug-Free Youth.

“Texas laws set this legal drinking age at 21 mainly to meet federal highway funding requirements, not based on scientific evidence. So instead, insurance companies use 25 years as a benchmark for reckless behavior, said Aubrey Adams, Citizens for Safe and Healthy Texans, advocating for an age limit of 25 years old.

Two weeks ago, Abbott signed an executive order largely legalizing and regulating THC, citing previous federal and state laws allowing Texans to grow and sell hemp. It ended, for now, a struggle with conservative members of the Texas Senate who wanted to ban all THC products.

Lt. Gov. Dan Patrick responded, writing, “The governor’s executive order, intentionally or not, has sent a signal to the THC industry that they have a state seal of approval on the current THC market.”

This battle is expected to resume during the next legislative session, which begins in January 2027.