A new Texas law, Senate Bill 2024, has taken effect as of Monday, September 1st, implementing a sweeping ban on specific vape products across the state. The legislation prohibits businesses from selling any vapes that contain THC or other hemp-derived psychoactive substances like Delta-8. Additionally, the law bans the sale of any vape product made in China or any other nation deemed "adversarial to the United States," which experts say constitutes the overwhelming majority of devices currently in stores.
Businesses that continue to market or sell these banned products face a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine. Supporters of the ban, including Lt. Gov. Dan Patrick, argue it is a public safety imperative to protect kids from an unregulated market. Nueces County Judge Tim McCoy highlighted concerns over unregulated foreign products, stating, "You don't have any regulation to know what's going into them... many times they'll have other products, like Fentanyl."
The law has sparked controversy and a lawsuit from vape trade associations. Retailers fear significant business losses, as these products can account for a large portion of their revenue. This specific vape ban was passed even after Governor Greg Abbott vetoed a broader bill that would have outlawed all intoxicating hemp consumables, stating he preferred regulation over prohibition. For now, Texans over 21 wishing to vape will be limited to American brands like Juul, though questions remain about which agency will lead enforcement.