Vapes containing THC and other hemp-derived cannabinoids like Delta-8 [are now] illegal to sell in Texas […] under a law passed earlier this year. Senate Bill 2024, while narrower than efforts to outlaw all THC products in Texas, drew far less attention as it moved through the Legislature.
SB 2024 makes it a Class A misdemeanor to market or sell any vape containing cannabinoids, even if the active ingredients would otherwise be legal under state and federal law. The penalty carries up to one year in jail and a fine of as much as $4,000. The law does not explicitly ban possession.
Supporters say the law is meant to keep cannabis vapes, which are small and easy to use discretely, out of the hands of teenagers. Opponents counter that it will fuel a black market and deprive adults of a safer and more convenient way of using cannabis.
[…]
The cannabinoid vape ban was tacked on to legislation that initially only targeted e-cigarettes disguised to look like pens, pencils, smartphones or other products found in schools. The law also prohibits selling or marketing vapes that contain alcohol, kratom, kava or mushrooms. And it outlaws vape products made in China or in any country designated as a foreign adversary of the United States.
[…]
The bill passed the Senate with only one dissenting vote. Sen. Molly Cook, D-Houston, a registered nurse, said her concern was how SB 2024 would punish any person who sold a prohibited vape.
“That means that the kid behind the counter, who is not a business owner, could be held accountable for a Class A misdemeanor, which means jail time for a lot of folks,” Cook said.
Cook, whose law to ban e-cigarette advertising near schools passed the Legislature and was signed by Gov. Abbott, said she’s “pretty much never ever, ever going to be OK with criminalizing something like cannabinoids or THC.”
“The folks who are good players, who want to put therapeutic products out there for people, they do go above and beyond,” Cook said. “When folks are asking you for safe rules and asking you how to follow them, we should give it to them.”
I’m with Senator Cook here. It is already illegal in Texas for minors to buy, possess, or use vapes, so this was about restricting their use for this purpose for adults. At the end of this special session – which, despite some promises from leadership that it would end by Labor Day, is still going on – we may have that overall ban on THC products anyway, or possibly greater restrictions and regulation. Or Dan Patrick will continue to refuse to budge and the House will fail to pass his ban bill and we’ll be back where we started. Whatever the case, if you vaped your THC products, you should have stocked up before Monday. Sorry about that.