As of Wednesday night, when a second specially called meeting of the legislature came to an end, that ban had not come to fruition. However, all the attention on the potential sweeping ban allowed for a second bill to pass through the Capitol’s chambers with significantly less pushback.
Senate Bill 2024 went into effect earlier this week, effectively ending the sale of vape and e-cigarette devices that contain THC or hemp-adjacent products like Delta-8. The bill focuses on the sellers of such devices, making it a Class A misdemeanor to manufacture, sell or even market the products — even if what’s actually in the device complies with state laws that allow for products that contain less than 0.3% of THC.
Violators of the law could face a year in prison. The law only goes after vape devices, including disposable nicotine vapes. That’s bad news for the vape-cloud community, but for those of us who enjoy a little high every now and then, gummies, seltzers, bongs and not-weed joints should still be available, for now.
Vapes produced in nations deemed hostile to the U.S., including China, where most vape devices are sourced from, are also banned.
After long discussions last night between the Governor, Speaker, and me on THC, and continued hours of discussion today, we were not able to come to a resolution. I appreciate the effort by Gov. @GregAbbott_TX to find a solution. I thank Speaker Dustin @Burrows4TX and Republican…
— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) September 4, 2025
One Dallas redditor said they heard of avid users storming smoke shops ahead of Sept. 1 to stock up on the e-cigarette devices. If a person is already in possession of a vape device that complies with Texas’ THC limit, they should be off the hook (until the device runs out) as far as SB 2024 goes.
But as far as Texas’ hemp industry is concerned, that’s a major if.
Many of the THC products sold in Texas are actually above the 0.3% limit. In Allen last year, a series of smoke shop police raids found products that tested as more than 15% THC. In one case, a product was 78% THC, Allen Police Chief Steve Dye said. If a user is found to possess a product that contains over the 0.3% allowable amount of THC, they can be charged with a felony.
And in Dallas, city leadership has already worked to crack down on where vaping of any kind is allowed. Last December, the city council unanimously approved a ban on puffing indoors, within 15 feet of an establishment entrance or on public park property. The ban goes into effect on Dec. 11 of this year, at which time public vaping could land users with a $500 fine.
Failing to comply with the ban could attract the attention of law enforcement, bringing us back to that big “if.”
Like with most things, state legislators claim SB 2024 was all for the kids. The original legislation honed in on vape pens disguised as pens, pencils and phones; inconspicuous things a teen might naturally have at their desk in class. Then, as Republicans tend to do, things escalated.
Local business owners have already lamented the hit they’re taking from SB 2024. Carol Jones, the owner of CBD American Shaman in Frisco, told Fox4 that vapes account for 20% of her revenue each year. Watching the legal back-and-forth over a total ban of the types of products she sells has been “really nerve-racking.”
Lt. Governor Dan Patrick has said he’s “never been more passionate about anything” when it comes to an all-out ban on THC products. Still, Governor Greg Abbott has shown to be less enthused about the idea, likely because of the Veteran groups that advocate for keeping the products legal. Abbott declined to sign a total ban into law in June, calling instead for a regulatory approach to the industry.
Although the topic has now been on two special session agendas, the legislature has gaveled out both times without progressing. Whether Abbott will call a third session to address the issue remains to be seen.
