A significant and complex new vape ban, Senate Bill 2024, has taken effect in Texas as of Monday, September 1st. The law, which largely flew under the radar amid more publicized legislative battles over hemp, introduces sweeping restrictions on the sale, marketing, and design of e-cigarette products, including a complete ban on vapes containing THC and other specific substances.
Penned by State Senator Charles Perry (R-Lubbock) and signed into law by Governor Greg Abbott in June, SB 2024 creates a new regulatory landscape for the state's thousands of vape and smoke shops. It's crucial to note that while the law prohibits the sale and marketing of certain products, it does not criminalize the personal possession of them.
What is Prohibited Under the 2025 Texas Vape Ban?
The new law targets several categories of e-cigarette products, which are broadly defined to include both the device and the consumable liquid solution, regardless of nicotine content.
- Complete Ban on THC Vapes: The most significant provision is a total ban on the sale of e-cigarettes or vapes containing any cannabinoids (including all forms of THC). This also extends to vapes containing alcohol, kratom, kava, psychedelic mushrooms, or the antidepressant drug tianeptine. This has a major impact on the state's $8 billion hemp industry, with some retailers, like San Antonio-based Alamo Bud Co., reporting that vape products account for roughly 25% of their sales.
- Restrictions on Nicotine Vapes from China: The law prohibits the sale of e-cigarettes that are fully or partially manufactured in, or marketed as being from, China or any other country designated as a "foreign adversary" by the U.S. Secretary of Commerce.
- Ban on Youth-Appealing Designs: Nicotine vapes cannot be sold in packaging that includes cartoon-like characters, celebrity endorsements, or images resembling food products like candy or juice. The devices themselves cannot be disguised to look like school supplies (markers, pens), electronics (smartphones, headphones), cosmetics, or toys.
Anyone who violates these new rules commits a Class A misdemeanor, which in Texas is punishable by up to one year in county jail, a fine of up to $4,000, or both.
Context of the Broader THC Debate
This vape-specific ban was passed even as a more comprehensive bill to outlaw all intoxicating hemp products (like gummies and edibles) was vetoed by Governor Abbott. Abbott called for regulation of the hemp market rather than a total ban. The legislature is still debating this broader issue in a special session, meaning that while THC vapes are now illegal to sell, other hemp products with up to 0.3% delta-9 THC remain legal for the time being. This has created a confusing situation for retailers who are now scrambling to understand the new rules and offload their now-illegal vape inventory.
