Texas's top GOP leaders clash over THC executive order

Texas Lt. Gov. Dan Patrick (R) issued a rare public rebuke Friday against fellow Republican Gov. Greg Abbott over Abbott's recent executive order aimed at regulating the sale of THC products in the state.

Abbott's executive order on Wednesday directed state agencies to stop minor sales of THC products after state lawmakers failed to reach an agreement on restrictions while in session.

Patrick indicated in his letter he feared the limited restrictions could pave the way for the legalization of recreational marijuana in Texas.

"I am and will always be against any pathway that could open the door to recreational marijuana in our state," Patrick wrote. "We do not want to be another failed Colorado."

Marijuana remains illegal in Texas, but the state has moved in recent years to allow the sale of hemp-derived products with lower levels of THC, including edibles, topical products and infused drinks.

Patrick wrote that he, Abbott and the state House Speaker — Texas's top three state Republican officials — had "spent hours trying to find a consensus on THC."

"We could not come to an agreement on a safe THC concentration, serving size, or amount that would not lead to intoxication and abuse," Patrick said in a statement. "Though we tried to find common ground on a law to protect the public, the Legislature simply could not vote for the unknown on those three critical issues."

Patrick's six-point outline of the disagreements that remain after Abbott's order includes a lack of restrictions on the sale of synthetic THC products and limits on the locations of stores that sell THC products.

"In our discussions with the governor last week, when trying to agree on a law the Legislature could pass, there was agreement to prohibit smoke shops, convenience stores with gas pumps, and corner stores from selling any THC product. There was agreement that only Texas-grown consumable hemp products could be sold in retail stores. There was agreement to ban all smokable THC products and ban all Delta 8 and Delta 10 synthetic products. The executive order does none of this. Most of the issues in the executive order are left for agencies to look at in the future," Patrick wrote.

Abbott's office referred The Hill to statements that he made during the signing of his executive order on Wednesday, when asked for comment on Patrick's four-page letter. In his remarks, he chided the Legislature for not passing legislation that would limit THC product sales to minors.

"Texas will not wait when it comes to protecting children and families," Abbott said Wednesday. "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's order directs state agencies to develop rules to require retailers to check customers' identification cards — similar to alcohol and cigarette purchases — to verify they are not underage.

The governor has stressed that he didn’t want to entirely outlaw THC products, and he cited "valid constitutional challenges" when he vetoed a bill passed earlier this year because it would impact the ability of farmers to cultivate federally-sanctioned hemp.

He didn't mention Patrick's objections explicitly, but he has made subtle references to more stringent THC regulations online.

"Safety for kids, freedom for adults," Abbott wrote in a post on the social platform X announcing the order.