Age Verification

Twenty-one. Under the amended Chapter 300 rules (Subchapter G, effective as permanent rules March 31, 2026), a 'minor' is anyone under 21 years of age, and delivering, selling, or offering to sell a consumable hemp product to a minor is prohibited — §§300.101(26) and 300.701(a).

This isn't a leftover tobacco rule or a store policy. It came in fast and specifically for hemp: Executive Order GA-56 (September 10, 2025) directed DSHS and TABC to impose a 21+ age gate with government-ID verification, DSHS adopted emergency rules on October 2, 2025, and the requirement became part of the permanent Chapter 300 rules on March 31, 2026.

The rule is stricter than most people assume. §300.701(b): a person who sells CHP 'must verify each purchaser's age by reviewing a valid proof of identification before completing the sale of any CHP.' Each purchaser. Any sale. Before completing it.

Notice what the rule does not say. It doesn't say 'anyone who appears under 40' — the Texas hemp rule does not establish an under-40 exception; carding by apparent age is store policy, not the rule. The rule as written requires the ID review for every purchaser, including the regular you've known for years and the customer who is obviously in their seventies. A 'card everyone, every time' policy isn't overkill; it's the policy that matches the rule text.

§300.701(c) says valid proof of identification 'may include' a driver's license issued by Texas or another state, a passport, or an identification card issued by a state or government agency. DSHS's own age-verification checklist adds military ID as an example. If the document lacks any element required by §300.701(c), don't rely on it — every valid ID must meet the four criteria:

The consequence DSHS spells out is existential for a retailer: under §300.702(a), the department may revoke a consumable hemp license or retail hemp registration — after an opportunity for a hearing — if it determines the holder or an employee sold, served, or delivered a CHP to a minor. Read that again: or an employee. Your newest hire's mistake is the registration's problem.

DSHS can also impose administrative penalties (§300.606) and pursue additional enforcement under Health and Safety Code Chapters 431 and 443 (§300.702(c)). For unintentional or negligent violations, §300.606(b) requires DSHS to notify the retailer and provide an opportunity to resolve the issue — a reason to take any notice seriously and respond fast, not a reason to relax. And the damage follows you: on the manufacturing side, a license revoked for sale to a minor bars relicensure for five years (§300.202(b)(7)).

There is one exception, and it's the reason disciplined checking protects you: §300.702(b) — revocation doesn't apply where the minor falsely represented being at least 21 'by displaying an apparently valid proof of identification.' The rule provides an exception when the minor falsely presented an apparently valid proof of identification — which is why a genuine, careful ID review matters.

Delivery, yes — explicitly. §300.701(a) prohibits 'delivering' a CHP to a minor, §300.702(a) reaches products 'sold, served, or delivered,' and DSHS's checklist applies 'each time you conduct the sale, service, or delivery of a CHP.' If product changes hands away from your counter, the age check travels with it: physical ID review at handoff.

Online orders are the unsettled part. The rule requires reviewing a valid ID 'before completing the sale' but prescribes no mechanics for remote sales — it does not say whether an online age-verification service satisfies the review, or whether only physical inspection at delivery does. Until DSHS or counsel says otherwise, the conservative reading is the safe one: treat a remote order as incomplete until a person has physically reviewed a valid ID at handoff. If your business model depends on shipping or remote fulfillment, this is a question for your attorney, not a gap to guess at.

Two agencies can walk through your door. DSHS regulates the consumable hemp program itself, but §300.103(a) authorizes both DSHS and TABC employees to enter, inspect, sample, and photograph for compliance. TABC also inspects hemp retailers and reports violations to DSHS.

If you also hold a TABC license or permit — a liquor store, bar, or convenience store selling beer — a parallel set of TABC rules (16 TAC §§35.5–35.6, made permanent in early 2026) separately prohibits CHP sales to under-21s and separately mandates age verification, on pain of suspension or cancellation of the TABC license. One underage sale in a dual-licensed store can put both credentials at risk. The exact division of labor between the two agencies is still settling; what's certain is that the 21+ rule and the ID check are enforced from both directions.