A new Texas law, Senate Bill 2024, has taken effect as of Monday, September 1st, making it illegal to sell or market vape pens containing cannabinoids like THC. The law classifies the sale of these products as a Class A Misdemeanor, carrying potential penalties of up to a $4,000 fine and one year in jail. Notably, while the law bans the sale, it does not criminalize the personal possession of a THC vape pen.
The ban has caught many retailers off guard and is forcing drastic changes to their operations. Employees at Gruene Botanicals in Austin reported that THC vapes, now removed from their shelves, accounted for 50-60% of their inventory and were one of their most popular products. They expressed concern that this outright ban will push consumers towards a dangerous, unregulated black market rather than allowing them to purchase from shops that can provide information about product contents and brands.
Opponents of the law argue that THC products are vital for many people, including veterans and cancer survivors, who use them to manage chronic pain, PTSD, and other ailments. "I’m a cancer survivor and can attest that all cannabis products have helped me survive cancer," said Tommy Saldivar, a consultant at Gruene Botanicals. Retailers like Sebastian Sandoval believe that smart regulation, not a total ban, is the most effective way to manage the industry and remove "bad actors." The future of other THC products in Texas also remains uncertain, with a separate bill (Senate Bill 6) aiming to ban all THC products still under consideration.