Group wants Texas to increase the age restriction to purchase hemp products with THC

TABC hearing on hemp products with THC

A youth drug awareness group wants Texas to increase the age restriction to legally purchase hemp products that contain levels of THC.

AUSTIN, Texas - A youth drug awareness group wants Texas to increase the age restriction to legally purchase hemp products that contain levels of THC.

The request was made during a hearing by the TABC.

What they're saying:

A hearing by the TABC was held Thursday on proposed permanent rules for the sale of hemp products with THC. It’s in response to an executive order made by Gov. Greg Abbott back in September. 

During the hearing, advocates for the hemp industry voiced concern about some of the proposed permeant rule. Mark Bordas with the Texas Hemp Business Council brought up the 30-day license suspension for violators.

"For instance, in chapter 106, for the first infraction of the sale to a minor for alcohol, it might be $150 to $1,000 fine or a two-day suspension. Whereas this proposal is calling for a 30-day suspension. So it seems like one set of regs is intent on keeping business viable while the other seems punitive. And the other thing that I would like to point out is that there are, as far as for the sale of hemp to minors, there are no implications for retail clerks willingfully selling to underage consumers. It may be some type of commercial venture that they've entered into with their buddies, and they're they ought to have some skin in the game. That retailer ought not to lose their alcohol license simply because they had a bad clerk wishing to sell to their friends," said Bordas.

There is industry support for the under 21 sales ban. That support includes waving mandatory ID checks for people who are 40-years-old and older, but hemp stores and beverage makers had a warning for TABC. The agency has a possible loophole. 

DPS enforces age restrictions on THC hemp products

New age restrictions on hemp products with THC are in place and now the Governor is ordering state troopers to enforce those new rules.

Jeromy Sherman, with Bayou City Hemp Company, told the commission the loophole could allow online providers to get around the age restriction.

"For online orders, we have voluntarily implemented something called Blue Check, an age verification tool integrated into our website that checks thousands of databases before a purchase is completed to ensure the customer is 21 years or older. This is an expensive tool that we voluntarily pay for as a responsible operator. Unfortunately, many online sellers ignore age verification protections entirely, creating an uneven playing field where responsible Texas businesses absorb real compliance costs while bad actors ship consumable hemp products with little oversight. We respectfully request that TABC, in coordination with DHSS, DPS, and local law enforcement, apply the same strong enforcement standards that exist for alcohol delivery to all online sales of consumable hemp products," said Sherman.

A group called Texans for Safe and Drug Free Youth also had a warning for TABC. CEO Nicole Holt noted a big change for Hemp products made recently by Congress. It came in the spending bill that ended the Government Shutdown. 

A section was added to clarify that the 2018 Farm Bill was not intended to open the door to most of the consumable hemp products that are being sold. The Congressional report on the change was posted last week on a federal website. 

The following is an excerpt:

"P.L. 119-37 amended the definition of hemp under Title 7, Section 1639o, of the U.S. Code, changing the limit to a total THC concentration of less than 0.3% on a dry weight basis rather than only delta-9 THC. The Senate Appropriations Committee stated that the changes to the definition of hemp were made to prevent "the unregulated sale of intoxicating" hemp products in light of concerns surrounding the proliferation of hemp cannabinoid products. The new definition of hemp explicitly includes industrial hemp, which generally is hemp grown for non-cannabinoid purposes, while making a number of explicit exclusions, such as

• Seeds from a cannabis plant that exceed a total THC concentration of 0.3%,
• Intermediate hemp-derived products with more than 0.3% total THC concentration, and
• Final hemp-derived cannabinoid products containing more than 0.4 milligrams of THC per container.

The new hemp definition also excludes hemp-derived cannabinoid products that contain cannabinoids that are not capable of being naturally produced by the cannabis plant or are capable of being naturally produced and were synthesized or manufactured outside the plant. The new definition will take effect November 12, 2026."

Emergency rules for hemp products with THC

Commissioners with TABC passed emergency regulations to restrict the sale of hemp products that contain THC. The action is in response to the executive order issued by Gov. Abbott earlier this month.

"It is our recommendation that our governmental entities, including TABC, DSHS, DPS, and TDA work together to align product definitions and rules to align with these federal rules," said Holt.

The change in definition may not last. Legislation has reportedly been filed to re-write the re-write.  With that in mind, Texans for Safe and Drug Free Youth recommended TABC set the age restriction for hemp products at 25 years old. 

After the hearing, Holt was asked how the organization could justify the increase when the current rule for alcohol and tobacco sales is Under 21.

"If we knew what we know now, about brain development when the age of 21 was set for alcohol, I believe that we would have set it for 25," said Holt.

Insurance companies, according to Holt, use 25 as a point when policy rates could drop for good drivers.

"In Texas, nearly one in four teen drivers who've died in motor crashes have tested positive for cannabis. And while alcohol is the substance in our state that is most commonly found in impaired driving crashes, alcohol and cannabis combined is number two. And our impaired driving rates are terrible. So it really is a safety hazard that is little known and needs to be more well known and for people to take protection to keep impaired driving at bay," said Holt.

What's next:

TABC is expected to vote on a final permanent Hemp regulation in January.