Texas and THC

Texas SB 2024 Vape Ban: Is the Battle Over?

Texas SB 2024 Vape Ban: Is the Battle Over?

Posted on August 11, 2025

With Texas Senate Bill 2024 (SB 2024) signed into law by Governor Greg Abbott on June 20, 2025, and set to take effect on September 1, 2025, the future of hemp-derived THC vape products in Texas is under threat. Many are asking: Is the battle over for vapes in Texas, or is there still a fight to be fought? This article breaks down the current status, what’s at stake, and where advocates, consumers, and businesses can pick up the fight.

What Does SB 2024 Do?

SB 2024, effective September 1, 2025, imposes a strict ban on specific vape products in Texas. It does not apply to other states and is not a federal law. The bill targets:

Key Provisions of SB 2024:

  • Bans vape products containing hemp-derived cannabinoids (e.g., Delta-8, Delta-9, Delta-10, HHC, THCA), except for CBD and CBG in limited cases or products prescribed under the Texas Compassionate Use Program (TCUP).
  • Prohibits e-cigarettes manufactured in or marketed as being from China or other "foreign adversary" countries, focusing on pre-filled disposable vapes with Chinese-made e-liquid.
  • Outlaws vape products designed to appeal to minors (e.g., shaped like toys, school supplies, or using cartoon imagery).
  • Bans e-cigarettes containing substances like alcohol, kratom, kava, or mushrooms.

Penalties: Violating SB 2024 is a Class A misdemeanor, with up to one year in jail and fines up to $4,000 per offense.

Does SB 2024 Affect Concentrates (Dabs)?

SB 2024 specifically targets vape products (e.g., e-cigarettes, vape pens, and e-liquids). Hemp-derived THC concentrates like dabs (wax, shatter, or oils) are not explicitly banned by this law, as long as they:

  • Comply with the federal 2018 Farm Bill (≤0.3% Delta-9 THC by dry weight).
  • Are not sold or used in vape devices classified as "e-cigarettes" (e.g., pre-filled vape cartridges).

However, using concentrates in a vape device could fall under the ban if the device is considered an e-cigarette. Traditional dabbing methods (e.g., dab rigs) remain unaffected.

Note: Other proposed Texas bills, like SB 5 or HB 5, could further restrict non-vape hemp products, including dabs, but these are not yet law.

Is the Battle Over?

While SB 2024 is now law, the battle over hemp-derived THC vapes and broader hemp products in Texas is far from over. Here’s why:

  • Legal Challenges: Hemp businesses and advocacy groups, like the Texas Hemp Business Council, are considering lawsuits to challenge SB 2024, arguing it unfairly targets the hemp industry and benefits select companies in the Texas Compassionate Use Program.
  • Special Legislative Session: A special session starting July 21, 2025, could revisit hemp regulations. Proposals like SB 5 and HB 5 aim to ban all THC products, including non-vape forms like gummies and dabs, but face strong opposition after the veto of SB 3.
  • Public Support: A statewide poll shows strong Texas voter support for regulated hemp products, giving advocates leverage to push back against restrictive laws.
  • Industry Adaptation: Retailers and manufacturers are shifting to compliant products, like U.S.-made e-liquids or refillable vape systems, to navigate the ban.

Where Can We Pick Up the Fight?

The hemp and vape community can take several steps to influence the future of these products in Texas:

Action Steps for Advocates and Consumers:

  • Join Advocacy Groups: Support organizations like the U.S. Hemp Roundtable or Texas Hemp Business Council to lobby against restrictive hemp laws.
  • Engage in the Special Session: Contact legislators during the July 21, 2025, special session to oppose bills like SB 5 and HB 5 that threaten non-vape hemp products. Find your representatives at texas.gov.
  • Support Legal Challenges: Back potential lawsuits against SB 2024 by contributing to legal funds or spreading awareness through platforms like X.
  • Shop Compliant Products: Purchase U.S.-made e-liquids, refillable vape systems, or non-vape hemp products (e.g., gummies, tinctures) to support businesses adapting to the law.
  • Stay Informed: Follow updates from hemp industry blogs or platforms like xAI’s Grok for real-time developments.

For Businesses:

  • Phase out pre-filled Chinese-made disposable vapes and hemp-derived THC vapes before September 1, 2025.
  • Invest in refillable systems or U.S.-sourced e-liquids to remain compliant.
  • Consult legal experts to navigate SB 2024 and prepare for potential new regulations.

Why This Matters

SB 2024 and related legislative efforts impact more than just vapes—they threaten the $8 billion Texas hemp industry, consumer access, and small businesses. Key concerns include:

  • Economic Impact: The ban could harm retailers, manufacturers, and farmers reliant on hemp-derived products.
  • Consumer Choice: Texans will lose access to hemp-derived THC vapes, and broader bans could limit other hemp products.
  • Black Market Risks: Restrictive laws may drive consumers to unregulated markets, increasing safety concerns.
  • Special Interests: SB 2024 may favor select companies in the Texas Compassionate Use Program, creating an unfair market.

The Road Ahead

The fight for hemp-derived products in Texas is ongoing. With public support, industry pushback, and potential legal challenges, there’s still time to influence outcomes before September 1, 2025. Stay engaged, support compliant businesses, and advocate for fair regulations to keep the hemp industry thriving in the Lone Star State.

Have thoughts or updates? Share in the comments or contact us to join the conversation!

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a legal professional for guidance on hemp and vape regulations.

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