Texas Hemp Crackdown: Governor Abbott Orders DPS Enforcement

Texas just raised the stakes in its fight over hemp.

Governor Greg Abbott has ordered the Department of Public Safety (DPS) to launch a statewide enforcement blitz targeting vape and smoke shops suspected of breaking Texas hemp laws. The directive means undercover operations, targeted inspections, and in some cases, criminal charges for business owners and employees.

Abbott’s New Directive

On October 7, 2025, Abbott issued a directive instructing DPS to ramp up surveillance and enforcement against retailers selling illegal hemp-derived products.
His message was blunt: “Texas will protect children from dangerous hemp products.”

DPS’s Criminal Investigations Division has already begun identifying “shops of concern” for inspection. Working alongside state, local, and federal agencies, DPS agents are now conducting undercover buys and collecting samples for testing. If those products test above 0.3% THC, the state considers them illegal marijuana — and charges are likely to follow.

From Inspections to Criminal Charges

DPS Special Agents will use findings from these inspections to build criminal cases. Once the DPS Crime Lab verifies that products exceed legal THC limits, those results can trigger criminal investigations against store employees and owners.

Abbott’s directive signals a shift toward criminal enforcement, not just fines or license suspensions. “Bad actors,” as DPS describes them, should expect arrests, not warnings.

How Texas Got Here

This latest crackdown stems from Executive Order GA-56, issued September 10, 2025, after lawmakers twice failed to pass a comprehensive hemp bill. Both chambers had backed versions of a near-total ban, but Abbott vetoed them, then called two special sessions that also collapsed without consensus.

Frustrated, the governor bypassed the Legislature. His order directed three agencies — DPS, the Texas Alcoholic Beverage Commission (TABC), and the Department of State Health Services (DSHS) — to act immediately.

Emergency Rules and Age Limits

Within weeks, TABC and DSHS adopted emergency rules banning the sale of consumable hemp products to anyone under 21. The rules cover roughly 68,000 businesses statewide, from bars and restaurants to smoke shops and online retailers.

The requirement is simple: verify age, or lose your license. Enforcement began October 1, 2025. Industry advocates have largely supported the rule, saying it helps demonstrate responsibility — and might prevent a broader prohibition.

What Texas Hemp Shops Need to Know

If you own a vape or smoke shop in Texas, assume you’re being watched. DPS has already begun targeted operations, often using undercover agents and federal task forces that include the DEA, FBI, and local police.

Violations involving minors or products testing above the THC limit can now lead to criminal charges. And in most cases, the state won’t issue warnings first.

This marks a clear shift: Texas regulators are treating hemp enforcement like drug enforcement.

Industry Pushback and Political Tension

Not everyone’s on board. A recent GOP-commissioned poll showed that most Texas voters across both parties oppose a full hemp ban.

Even the Texas Department of Agriculture has pushed back on the idea that the state is out of compliance with federal hemp law, though it’s hinted at future rule changes to measure “total THC.” That change alone could make many hemp products illegal overnight.

What Comes Next

The emergency age-gating rules will remain in effect for up to 180 days, and TABC plans to make them permanent after a November 18 hearing. But Abbott’s DPS enforcement directive is already active and indefinite.

Undercover buys, lab testing, and criminal investigations are happening now. Meanwhile, Abbott’s order calls for even more sweeping changes: tighter labeling and testing standards, mandatory recordkeeping, and higher license fees to fund enforcement.

Texas is building a new hemp regulatory framework with or without legislative approval.

The Bigger Picture

Since hemp’s federal legalization in 2018, states have struggled to keep up with a fast-moving industry. Abbott’s move is Texas’s answer to that lag — a direct, executive-led crackdown that sidesteps legislative gridlock.

Whether you see it as public safety or government overreach, one thing is clear: DPS enforcement is real, coordinated, and already underway.

How Hemp Law Group Protects Clients

For Hemp Law Group clients, protection is already built in. Our client agreements include initial defense of regulatory actions, meaning we immediately step in if a state agency targets your business.

We handle communication with DPS, negotiate with regulators, and work toward fast, favorable resolutions. More importantly, we help clients stay ahead of new laws by verifying that labeling, testing, and record keeping meet state standards before enforcement becomes an issue.

If you’re not yet a client, now is the time to act. Waiting until DPS shows up means higher costs and less control.

Bottom Line

Texas isn’t playing games with hemp anymore.

Check ID. Verify age. Confirm your THC content. And if you’re not already working with a legal team that understands the new enforcement landscape, you’re already behind.

Hemp Law Group is here to help Texas hemp businesses stay compliant, stay informed, and stay in business.

If you're interested in becoming a client, click the "Start Your Protection Plan" button at the top right of this page. That way, we can get a good picture of what your business operations look like before we schedule a call.

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