To say that Texas dodged a bullet with the
vetoing of SB3 is an understatement. But while
the majority of hemp consumables are safe for now (there will be a Special Session on July 21, 2024), a new
threat to all THC vapes in the Lone Star state arises—SB2024.
So, what is SB 2024? What does it mean to you as the consumer? And what's the game plan for the hemp industry?
Senator Charles Perry (the "brains" behind SB3 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