A youth drug awareness organization is advocating for Texas to raise the age limit for purchasing hemp products that contain THC. This proposal was discussed during a recent hearing held by the Texas Alcoholic Beverage Commission (TABC).
The TABC convened to review proposed permanent regulations regarding the sale of hemp products with THC, a move prompted by an executive order from Governor Greg Abbott issued in September.
During the hearing, industry advocates expressed their concerns regarding certain aspects of the proposed regulations. Mark Bordas, representing the Texas Hemp Business Council, highlighted the disparity in penalties between alcohol violations and the proposed rules for hemp. He noted that while a first-time offense for selling alcohol to a minor might result in a fine ranging from $150 to $1,000 or a two-day suspension, the new hemp regulations call for a 30-day license suspension for similar infractions. Bordas argued that this approach appears punitive and fails to hold retail clerks accountable for knowingly selling to underage customers.
Support for a sales ban for individuals under 21 exists within the industry, which also includes suggestions to waive mandatory ID checks for those aged 40 and older. However, hemp retailers and beverage makers have warned the TABC about a potential loophole that could undermine age restrictions.
Jeromy Sherman from Bayou City Hemp Company raised concerns that online sellers could bypass age verification measures. He explained that while his company has implemented an age verification tool named Blue Check, which ensures customers are 21 or older before they complete a purchase, many online retailers neglect such precautions, creating an uneven playing field.
A group called Texans for Safe and Drug-Free Youth also issued a caution to the TABC. CEO Nicole Holt emphasized significant changes to hemp product regulations recently made by Congress. These changes were included in a spending bill that resolved the government shutdown, clarifying that the 2018 Farm Bill did not intend to sanction the sale of many consumable hemp products currently available.
According to the new regulations, the definition of hemp has been amended to stipulate a total THC concentration of less than 0.3% on a dry weight basis, rather than focusing solely on delta-9 THC. The Senate Appropriations Committee stated that this change aims to prevent the unregulated sale of intoxicating hemp products, addressing concerns about the proliferation of such products in the market.
In response to the governor’s recent executive order, TABC commissioners have enacted emergency regulations to restrict the sale of THC-containing hemp products. Holt recommended that TABC collaborate with various state entities to ensure alignment with federal guidelines.
Despite the new definition, there are indications that this legislation may not be permanent, as efforts are reportedly underway to amend it further. In light of these developments, Texans for Safe and Drug-Free Youth has suggested that the age limit for purchasing hemp products be set at 25 years.
When asked about justifying a higher age restriction compared to the current regulations for alcohol and tobacco, Holt explained that an understanding of brain development might have led to a different decision regarding the legal drinking age, had it been informed by current knowledge.
Holt pointed out alarming statistics regarding cannabis use among teen drivers in Texas, noting that nearly one in four teen drivers who died in motor vehicle accidents tested positive for cannabis. She emphasized the need for increased awareness regarding impaired driving risks associated with both alcohol and cannabis.
Looking ahead, the TABC is expected to make a decision on the final permanent regulation of hemp products in January.
