Two days after Texas Gov. Greg Abbott issued an executive order to regulate hemp-derived THC in Texas, Lt. Gov. Dan Patrick issued a lengthy statement criticizing Abbott's order point-by-point.

"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," Patrick said. "These are the same people who have been selling dangerous THC products to kids and teens for the last four years in thousands of locations across Texas. They will continue to do so under this executive order without a ban."  

The issue of THC has been a high-profile split between Abbott and Patrick, who have held the top two positions in state government for more than a decade and are each running for a fourth term next year.

The dispute gained steam in June when Abbott vetoed Senate Bill 3, a complete ban on THC in Texas that was one of Patrick's top priorities in the legislative session. Instead, Abbott called for a bill to regulate the industry to be passed in a special session. 

Two special sessions failed to result in a compromise. 

"While these products would still benefit from the kind of comprehensive regulation set by the Texas Legislature for substances like alcohol and tobacco, my executive order makes sure that kids are kept safe and parents have peace of mind now, and that consumers know the products they purchase are tested and labeled responsibly," Abbott said in a statement on Wednesday.

What Greg Abbott's executive order on THC does

Abbott's executive order bans the sale of hemp products to people under 21; mandates that retailers verify their customers' government-issued IDs; and directs state agencies to coordinate and increase enforcement across the state.

Among Patrick's criticisms of the executive order, he argues that Abbott is essentially legalizing THC in Texas, something the Legislature has not agreed to.

"Recreational marijuana is still illegal in Texas. However, because an unscrupulous industry has exploited a loophole in the hemp law, they are now selling highly potent and dangerous THC products to our kids and all Texans alike," Patrick said.

The loophole Patrick referred to stems from federal and state laws legalizing hemp, which passed in 2018 and 2019, respectively.  The intention for the legislation was to promote its agricultural uses. 

The laws differentiated hemp from illegal forms of cannabis by defining it as having 0.3% "delta-9 tetrahydrocannabinol" or less. Tetrahydrocannabinol, also known as THC, is the psychoactive substance found in marijuana.

The laws did not explicitly cap other forms of THC, like delta-8 and delta-10, which aren't naturally found in large quantities but have similar psychoactive effects to delta-9. 

The loophole led to a booming industry in Texas, with tens of thousands of jobs tied to the manufacture and sale of products containing forms of THC that are not explicitly banned.

One of Patrick's main arguments against the THC industry in Texas has been what he claims is intentional marketing towards children and teens. The hemp industry says businesses that sell THC and other products always check customer IDs and never sell to children, but, Patrick said, "we know that is a lie."

"A ban is the only way to truly protect kids from accessing these products. We have age limits on alcohol and cigarettes, but we know that does not stop kids from getting them either. The difference here is that one highly potent THC product can cause irreversible damage to a young person's mind forever," Patrick said.

The executive order does not prohibit hemp shops from operating near schools, another sticking point of Patrick's.

Concerns about enforcement

Patrick and other officials who support a complete ban on THC say regulations will be too difficult to enforce.

"The executive order anticipates local law enforcement will not be enough to keep law breakers in check, and will require the assistance of state police and multiple law enforcement agencies across the state," Patrick said.

Allen Police Chief Steve Dye, who has led a series of raids against THC businesses in his city, agrees.

"Where are the bodies and the money going to come from? I mean you've got police officers in the state that can't fill their own openings for police officers. Where are we going to find all these regulators?" Dye said to CBS News Texas.

Support for Greg Abbott's executive order on THC

Texas Agriculture Commissioner Sid Miller praised the executive order.

"Governor Greg Abbott deserves praise for protecting minors from THC products while respecting the rights of responsible, law-abiding adults. Protecting our kids and defending our freedoms do not need to be at odds. I've always supported cracking down on intoxicating THC products sold over the counter without age limits, and I'm pleased to see the Governor's Executive Order offer common-sense solutions,"  Miller said in a statement.

Hometown Hero, an Austin-based hemp company that has lobbied against a ban, said the executive order "is huge for our industry!"

"Gov. Abbott has delivered on the age gate we've been fighting for years and solidifies that our industry is legitimized and here to stay!" the company posted on X. 

The Texas Hemp Business Council said it supports protections for minors but urges "practical enforcement" of regulations.

"We fully support measures that ensure hemp products are sold only to adults aged 21 and over, including child-resistant packaging and measures to reduce potential school exposure," the council said in a statement. "We urge regulators to implement these directives in a way that does not create undue burdens on responsible hemp businesses. Clear and practical rules are critical for compliance and for the continued growth of Texas's legal hemp industry."