Texas Bill Would Set 21+ Age Limit for Buying or Selling Hemp, While Keeping Hemp THC Legal

OG Article By Anthony Martinelli in News

A new bill filed in the Texas House would make it a criminal offense to sell or deliver consumable hemp products to anyone under 21, while also restricting store access and employment to those 21 and older.

Filed by Representative Charlie Geren (R), HB 256 would amend the state’s Health and Safety Code to formally define “minor” as anyone younger than 21 and would establish a series of offenses for those who sell or attempt to purchase consumable hemp products, including products with delta-8 and delta-9 THC derived from hemp.If enacted, the legislation would:

• Make it a Class A misdemeanor for anyone to knowingly sell or give a consumable hemp product to a person under 21.

• Criminalize the purchase or attempted purchase of such products by a minor, with penalties starting at a Class C misdemeanor and escalating with repeat offenses.

• Require courts to impose community service and suspend driver’s licenses for minors convicted of related offenses.

• Prohibit anyone under 21 from entering the premises of a store that sells consumable hemp products.

• Bar retailers from hiring employees under 21, unless the employee is at least 18 and working for their parent or legal guardian who owns the business.

If passed, HB 256 would take effect January 1, 2026. The bill has been referred to the House Rules Committee for consideration.

Filing of the bill comes as the legislature debates Senate Bill 5 during a special legislative session. The proposal, which would place an outright ban on hemp-derived THC, has already passed the Senate and awaits consideration by the House.