Major changes to Texas vape laws went into effect on September 1, 2025, as part of Senate Bill 2024. These changes impact both retailers and consumers, with strict new penalties for selling banned vape products across Texas, including San Antonio and South Texas.
Vape Product Sales Ban (SB 2024)
Under the new law, it is now a Class A misdemeanor—punishable by up to one year in jail and a $4,000 fine—to market or sell:
- Cannabinoid vapes: Any vape containing cannabinoids, including hemp-derived products like CBD, Delta-8 THC, and THCA. The only exception applies to medical vapes under the Texas Compassionate Use Program (TCUP).
- Vapes with other substances: Any vape marketed as containing alcohol, kratom, kava, or mushrooms.
- Chinese-manufactured vapes: Any device or liquid made in, or marketed from, China or other U.S.-designated “foreign adversary” countries. This effectively eliminates most disposable vapes from the Texas market.
- “Minor-appealing” vapes: Products resembling food or candy, using cartoon characters or celebrities, or disguised as common items like pens, highlighters, or smartphones.
Possession and Consumption
While selling or marketing restricted vapes is illegal, SB 2024 does not directly criminalize possession or personal use. However, police may still treat possession as an offense—especially if the vape is suspected to contain illegal marijuana or THC.
Nicotine Vape Restrictions
In addition to SB 2024, Texas continues to regulate nicotine vaping:
- Age restriction: You must be 21 or older to purchase, possess, or use e-cigarettes. The only exception is for active-duty military personnel ages 18–20.
- Retail sales: Retailers must verify age for anyone who appears under 30. Vending machine sales are restricted to adult-only locations.
- Location restrictions: E-cigarette use is prohibited in schools, childcare centers, hospitals, elevators, and on public or school transportation.
These rules mean that students and minors are at particular risk of facing disciplinary action at school or legal consequences if caught with vape products.
What the New Law Covers
Texas has passed Senate Bill 2024, which specifically targets vape products containing THC and other cannabinoids. The key points:
- Selling or marketing THC vape pens is now illegal. This applies even to vapes containing hemp-derived cannabinoids like Delta-8, not just marijuana.
- Possession is not criminalized under this bill, but individuals could still face serious consequences if caught selling THC vapes.
- Violations of SB 2024 are charged as a Class A misdemeanor, punishable by:
- Up to 1 year in county jail, and/or
- A fine of up to $4,000
How Shawn Brown Law Can Help
The new Texas vape ban has created confusion and serious risks for Texans—especially young adults, parents, and retailers. At Shawn Brown Law, we defend clients facing charges for:
- Selling or marketing restricted vape products
- Possession-related accusations involving THC or illegal vape devices
- Students and minors disciplined or charged for vape-related incidents at school
With over 25 years of experience serving San Antonio and South Texas, we fight to protect your rights and guide you through these complex cases.
📞 Call Shawn Brown Law 24/7 at 210-224-8200
🌐 ShawnBrownLaw.com
Because here, we treat you like family!
