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Texas Bans Retail Sales of THC Vapes: Inside SB 2024

What is SB2024?

Senator Charles Perry 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 became the law of the land in September.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. 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

As of September 1, 2025, all vapes containing hemp-derived THC or even cannabinoids such as CBD will no longer be available at retail locations in the state of Texas. However, you can still purchase hemp-derived THC vapes from your favorite online retailer.Possession by consumers of hemp-derived THC vapes is still legal. SB2024 banned the sale, marketing or distribution of hemp vapes by businesses in the Lone Star State.

Is it illegal to possess a vape in Texas?

No, it is not illegal for a consumer to possess a THC vape in Texas as long as it contains either hemp-derived THC or medical marijuana (which conveniently had all of its competition snuffed out by politicians). As we stated earlier, SB2024 bans the sale of hemp-derived THC vapes by businesses in Texas, not possession. In the bill, it states: (b) A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product: ... (4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances.

That's it as far as the bill goes for consumers and THC vapes. The bill contains no text regarding the possession of hemp-derived THC vapes in Texas.So basically, it's illegal to sell, advertise, or market hemp-derived THC vapes in Texas, but not for you to have one in your pocket.

SB2024 &The Bigger Picture for Hemp in Texas

Although the passage of SB2024 is disappointing, it's good to keep in perspective that in 2025, the hemp industry as a whole faced the threat of a total ban in Texas, and we won.Things could have been much, much worse if Dan Patrick and special interests got their way. With a veto and an executive order, it seems that hemp-derived THC is gaining a greater foothold in the Lone Star state through the path of regulation, not prohibition. While it does feel like a setback not to have these types of products available in retail stores, it doesn't mean that Texans aren't without options in terms of purchasing THC vapes. Namely, i f you live in Texas, you can obtain your vapes from out of state.

Yes, if you live in Texas, you can still purchase THC vapes online, but not in brick-and-mortar stores. Consumers should not face issues when purchasing THC vapes shipped from out of state. The Constitution, specifically Article I, Section 8, Clause 3:[The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . This clause basically says that interstate commerce is the responsibility of the federal government, not state governments. Texas can ban products sold within its own borders, but it cannot ban the interstate commerce of these products. The only way to restrict the sale of hemp-derived THC vapes in Texas would be if the folks in D.C. passed some law banning the interstate sale of such products.