THC Vape Ban Takes Effect in Texas

A new anti-vape law is now in effect in Texas. On Sept. 1, Senate Bill 2024 — which bans the sale and marketing of vape pens to minors and prohibits the sale of THC in these devices — officially went into effect.

The new law restricts smoke shops from selling certain nicotine vapes and prohibits the sale of hemp-derived cannabis vapes, including CBD, THC, Delta-8 THC, and THCA products at retail stores in Texas. Under SB 2024, it is a Class A misdemeanor to market or sell any vape containing cannabinoids, even if the ingredients are otherwise legal under state or federal law. Violators face penalties of up to one year in jail and a fine of as much as $4,000. The law does not ban possession.

State Sen. Charles Perry, a Lubbock Republican and critic of recreational cannabis, authored SB 2024. His previous attempt at banning all cannabis-related products was shut down by Gov. Greg Abbott back in June. Abbott vetoed it, arguing for tighter regulation rather than outright prohibition.

Since then, the Texas Senate has advanced a separate proposal, Senate Bill 6, which seeks to outlaw nearly all THC products in the state. The legislation is now before the Texas House.

Here’s what you need to know about SB 2024.

What exactly does SB 2024 ban?

As per SB 2024, the law prohibits marketing, advertising or the sale of e-cigarette products that contain or do the following:

• Depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors
• Imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors
• Includes an image or name of a celebrity
• Includes an image that resembles a food product, including candy or juice
• Contain cannabinoids (such as THC, CBD, Delta‑8 THC, THCA), alcohol, kratom, kava, mushrooms, or their derivatives
• Are manufactured in or marketed as being from China

When does SB 2024 go into effect?

The law went into effect Sept. 1, 2025.

What are the penalties for violations?

Violating the law is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine per offense.

Does the law ban possession or use of these vape products?

No. SB 2024 does not criminalize possession or personal use, only the sale, marketing, or distribution is penalized.

How does SB 2024 differ from the broader THC prohibition attempt under SB 3?

While SB 3 aimed for a full prohibition of hemp-derived THC products (with possession also penalized as a misdemeanor), SB 2024 targets vaping products that contain cannabinoids but does not ban THC across the board or criminalize possession.