A new Texas law, Senate Bill 2024, which took effect on September 1st, is causing significant confusion among consumers and retailers. The law makes it a Class A misdemeanor to sell or market certain e-cigarettes, including those containing cannabinoids (like THC), alcohol, kratom, kava, or mushrooms. However, the legislation does not prohibit the *possession* of these products.
Cannabis attorney Daniel Mehler, who represents several shops, criticized the law for harming Texas businesses while failing to stop consumer access. He noted that these banned vape cartridges often constitute a third or more of a shop's revenue. "They can still be purchased online from out-of-state vendors... Texas consumers, Texas users, are still gonna have access to these products," Mehler said. "They just can't buy it and they can't sell it in Texas."
A major issue is the widespread misinterpretation of the law. "The vast majority of the media is saying that this is a ban on these things, and people are interpreting that to mean possession is illegal," Mehler warned. He anticipates this will lead to wrongful arrests and court cases, as the statute is clear that it does not mention possession. While Governor Greg Abbott has prioritized THC product regulation, legislative efforts have stalled, leaving this confusing sales-only ban in place for now.
