DPS To Target Smoke Shops In Statewide Intoxicating Hemp Sweep

7 October 2025

Texas orders crackdown on intoxicating hemp sales as emergency youth protections take effect

Texas Governor Greg Abbott instructed the Department of Public Safety to increase surveillance and enforcement against vape and smoke shops that violate state hemp laws. DPS’s Criminal Investigations Division will identify shops of concern, coordinate with state, local, and federal partners to inspect locations, conduct undercover operations, submit seized items to the DPS crime lab for THC testing, and pursue criminal charges against employees and owners where violations occur. DPS will use interagency partnerships to support investigations.

The directive follows emergency rules from the Texas Department of State Health Services that prohibit sales of hemp products to people under 21 and authorize revocation of licenses or registrations for sellers who provide hemp products to minors, with an exception when a minor presents what appears to be a valid ID. Officials said the actions are focused on protecting children.

The DPS crime lab testing will determine whether products meet the legal hemp standard of no more than 0.3 percent THC by dry weight. Shops found out of compliance could face criminal referrals in addition to regulatory penalties.

The executive action arrives after legislative efforts to ban hemp products containing quantifiable THC did not pass, prompting agencies to move ahead with emergency youth-access restrictions. State agricultural officials have also addressed questions about federal compliance and indicated that measuring total THC may be considered in future rules, a change that industry stakeholders warn could affect product availability.

• For Texas retailers, the immediate effect is heightened scrutiny of age-gating and product labeling.
• For consumers, sales of hemp products are barred to those under 21, and shops face the prospect of enforcement actions if they sell intoxicating products or fail to verify age.

How aggressively DPS applies undercover operations and lab testing, and whether the state shifts to a total-THC standard, will shape market offerings over the coming months.