Right now, the fate of hemp-derived products in Texas still seems up in the air. Gov. Abbott
vetoed SB3, we then moved into a Special Session where
HB5/SB5 threatened to deliver a similar ban, and with the Special Session seemingly over, it looks like we’re up for round three (another Special Session) in September.
But what is for certain is that pretty soon, you will
no longer be able to find THC vapes in Texas stores.
So if you live in the Lone Star State and enjoy THC vapes, stick around because we’re going to cover everything you need to know about the vape ban that goes into effect September 1, 2025.Senator Charles Perry (the "brains" behind SB3/SB5 and other failed attempts at hemp bans in Texas) authored SB2024, which takes a swing at the hemp industry in a different way- namely, by prohibiting vapes.
Unlike SB3, Governor Greg Abbott signed SB2024 on June 20, 2024, which means that it will become the law of the land this September.
So, what is SB2024, and what does it do? This bill essentially expands the definition of "e-cigarette" to include consumable liquids used in "electronic smoking devices," regardless of whether they contain nicotine or not.
It also expressly prohibits:
- Marketing, advertising, selling, or offering e-cigarette products with cartoon-like characters, celebrity images, and images resembling food products
- E-cigarette devices disguised as common items such as school supplies, smartphones, clothing, toys
- E-cigarette devices manufactured in China or nations designated as foreign adversaries by the U.S. Secretary of Commerce
- And, importantly, devices containing or marked as containing alcohol, kratom, and cannabinoids
So, in short, while this bill does have some agreeable aspects, like banning the use of imagery that would appeal to children and devices that a minor could sneak into a school setting, it ultimately punishes good actors, especially in the hemp industry, who only market and sell their products to adults 21 and older.
But what's a hemp-related ban without special interests that would benefit from it?
Recently, the Texas Compassionate Use Program and three different companies within that program have added THC vapes. So basically, this bill helps establish an oligopoly on THC vapes within the state of Texas for a few select companies, at the cost of consumers and local businesses in the hemp industry.
What SB2024 Means For You