TABC Enacts Emergency Age-Verification Rules on Hemp-Derived THC Sales

On Sept. 23, the Texas Alcoholic Beverage Commission issued emergency rules banning TABC-licensed vendors from selling hemp-derived THC products to minors and demanding strict ID checks. On Oct. 1, the rules will take effect immediately.

A TABC license or permit holder who sells, offers to sell, serves, or distributes a consumable hemp product to an under-21 may lose their license under Rule 51.1. A seller must “carefully inspect” a government-issued, legal, unexpired photo ID that verifies the customer is 21 or older under Rule 51.2. Noncompliance might result in license or permit revocation.

TABC executive director Thomas Graham said, “TABC has a statutory responsibility to ensure its license holders do not impede the general welfare, health, and safety of Texas communities,” calling the step “a reasonable measure” to protect minors.

Gov. Greg Abbott's Sept. 10 executive order, Executive Order GA-56, ordered TABC and DSHS to tighten hemp product restrictions, prompting the emergency rules.

Approximately 60,000 Texas establishments with TABC licenses—bars, restaurants, groceries, and liquor stores—can no longer sell THC to minors. These laws do not apply to non-TABC-licensed THC retailers like smoke shops, petrol stations, and online retailers.

TABC communications director Chris Porter said the agency is “in discussions” with DSHS to harmonize age limits at all THC merchants. In the following weeks, DSHS, which licenses 8,000 hemp retailers, will develop rules for non-TABC sellers and hold public hearings.

Lukas Gilkey, CEO of Austin-based hemp shop Hometown Hero, told the commission, “It’s been something that [THC retailers] have wanted for a very long time and have struggled to get.” Advocates like Betsy Jones of Texans for Safe and Drug-Free Youth urged the commission to consult public health and cannabis policy experts for final rules, as the products are marketed to children. Christine Scruggs, who opposed THC sales, argued that allowing these substances to be sold is harmful to Texans' brains.

Emergency rules last 120 days, with a 60-day extension. TABC will examine the guidelines with industry stakeholders on Oct. 9 and propose permanent rules on Nov. 18. The Texas Register would publish them for public comment and finalize them by January 2026 if adopted. Porters said the agency prefers license termination above penalties or warnings.

Non-TABC sellers face regulatory gaps. To close loopholes in Texas' emerging hemp laws, DSHS must quickly expand age limits to all THC retail locations.