A new Texas law, Senate Bill 2024, has taken effect, prohibiting retailers from selling any vape products manufactured in China or other nations deemed "adversarial to the United States." Crucially, the law also bans the sale and marketing of all vapes containing cannabinoids like THC, regardless of their origin. This sweeping change, which became effective on September 1st, is already impacting smoke shop owners' bottom lines and creating significant market uncertainty, even as a broader legislative ban on all hemp-derived THC products remains stalled.
Local authorities and supporters of the ban hope it will curb underage vaping of both nicotine and cannabinoid products. Nueces County Judge Tim McCoy expressed concern about unregulated vapes from other countries, stating, "You don't have any regulation to know what's going into them... many times they'll have other products, like Fentanyl, for example." He noted that roughly nine out of ten children in his courtroom test positive for THC, the primary psychoactive ingredient in marijuana. While acknowledging the correlation isn't causation, Corpus Christi ISD Police Chief Kirby Warnke anecdotally observed similar behavioral links.
For retailers, the new law has forced them to pull thousands of dollars' worth of inventory from their shelves overnight. Joe Huckstep, owner of Smoken Joe’s in Bryan, said he had to remove about $2,000 worth of vapes. "We can’t do anything with it," he stated. He and other business owners are now in a precarious position, fearful of ordering new stock while the legislature's broader stance on intoxicating cannabinoids like Delta-8 and THCA remains unsettled. A more comprehensive ban has repeatedly passed the Senate only to stall in the House, leaving business owners in limbo.
Defense attorney Shane Phelps described the state of Texas's laws on THC as "chaotic," warning that the vagueness and confusion will lead to wrongful arrests and prosecutions. While vape trade associations are suing the state over the new law, SB 2024 is currently in effect. This means Texans over 21 wishing to vape nicotine will likely need to turn to American brands like Juul. As for which agency is in charge of enforcement, that remains unclear, with multiple state and local agencies reportedly deferring responsibility when contacted for comment.
