A new Texas law, Senate Bill 2024 (SB 2024), has taken effect, making it illegal to market or sell any vape pen containing THC or other hemp-derived cannabinoids like Delta-8. This ban, which was passed with less public attention than a broader (and ultimately vetoed) effort to outlaw all intoxicating hemp products, is now sending shockwaves through the state's multi-billion dollar hemp industry.
The law makes it a Class A misdemeanor to sell or market any vape containing cannabinoids, carrying a penalty of up to one year in jail and a fine of up to $4,000. It is important to note that the law does not explicitly ban the personal possession of these vape pens, only their sale. Supporters of the ban argue it is a necessary measure to keep these discreet and easy-to-use devices out of the hands of teenagers. During legislative hearings, parents and youth advocates testified about the rising use of THC vapes in schools and the associated health risks, including one parent who described her son's experience with cannabis-induced psychotic disorder.
However, opponents and business owners counter that the ban will simply fuel a dangerous, unregulated black market and deprive adults of what they consider a safer and more convenient way to use cannabis. "Vapes create a sort of freedom for people in a lot of ways," said João Mitchell, general manager of ATX Organics, a cannabis shop that had to clear out its vape inventory. "The benefit of the vape is you’re not taking solid particulate matter from the lungs. You’re also taking it in at a lower temperature."
Business owners like Brandon Tijerina of ATX Organics emphasized that in-house manufacturing gave them quality control over ingredients and hardware, a benefit lost in an illicit market. The vape ban was added to legislation that initially targeted e-cigarettes disguised as school supplies and also outlaws vapes containing alcohol, kratom, or those made in China. State Senator Molly Cook (D-Houston), the lone dissenting vote in the Senate, expressed concern that the law could criminalize "the kid behind the counter" rather than just business owners.
This vape ban complicates the ongoing legislative battle over hemp in Texas. While Governor Greg Abbott vetoed a bill to ban all intoxicating cannabinoids, calling for regulation instead, he signed SB 2024 into law. As retailers scramble to comply, the Texas Senate has since approved another measure, Senate Bill 6, to ban nearly all THC products, leaving the industry's future uncertain.
