Customers purchasing hemp-derived products in Texas must now prove they are 21 years of age or older with government-issued identification, a medicine-backed first step in a largely unregulated industry.
In September, Gov. Greg Abbott issued an executive order directing the Texas Department of State Health Services (DSHS) and the Texas Alcoholic Beverage Commission to begin rulemaking to prohibit the sale of hemp-derived products to minors. This includes hemp-derived tetrahydrocannabinol (THC), the psychoactive component that produces a high. DSHS’ adoption of emergency rules on Oct. 2 is one step in that process.
The executive order was issued after legislation failed to pass over two special sessions to establish safety regulations, including age prohibitions, for hemp products. The Texas Medical Association, in conjunction with the Texas Pediatric Society, submitted testimony in the first special session strongly supporting the age limitation of 21, standardizing product lab testing, education and research efforts regarding cannabidiol (CBD) products, and a ban on hemp-derived THC products.
While the sale of hemp-derived products remains laden with risks and uncertainties, Houston pediatrician Lindy McGee, MD, chair of TMA’s Committee on Child and Adolescent Health, says this first emergency rule is crucial and long overdue.
“The data is extremely compelling that THC products affect the developing brain differently than they affect the adult brain,” Dr. McGee said. “What we know is that when you introduce addictive substances during that [development] process, you are more likely to become addicted.”
Dr. McGee also cites colleagues in pediatrics who regularly see patients hospitalized for the drug’s mental health components.
“We also know THC, especially high-dose THC, is associated with risk of psychosis, and that risk increases the younger you take the substance,” she said. “[Colleagues] see perfectly healthy teenagers who did not have a history of mental illness who then needed to be on antipsychotics for six months, for example.”
DSHS’ emergency rule may remain in effect for up to 120 days with the possibility of one 60-day extension; meantime, the agency has begun drafting permanent rules. Along with solidifying the age requirement, Governor Abbott’s executive order directs DSHS to review existing rules for possible revisions to testing requirements, license application fees, and recordkeeping processes.
The order also includes directions to also review rules for possible revisions to clarify and standardize labeling requirements, including recommended serving size and health warnings. But these and other regulations take money to enforce, Dr. McGee says, and funding sources are as of yet unclear.
DSHS states in its press release that the public will have the opportunity to provide comments on proposed permanent rules at a public hearing.
Dr. McGee says medicine can’t afford to be missing from the process.
“We know a lot about the right way to do this,” Dr McGee said. “There are a lot of examples of states that have done this before us. There’s a lot of data to show what works and what doesn’t work. We just need to make sure that public health people are at the table.”