A new Texas law took effect Sept. 1, 2025, that dramatically limits what vape products can be marketed or sold in the state. Senate Bill 2024 (SB 2024) makes it a Class A misdemeanor to market, advertise, offer for sale, or sell e-cigarette products that (1) contain or are marketed as containing cannabinoids (including THC, delta-8/10, HHC, CBD), alcohol, kratom, kava, mushrooms, or tianeptine; (2) are disguised as school supplies, phones, cosmetics, toys, etc.; or (3) are made in China or other “foreign adversary” countries, among other youth-appeal restrictions. Violations can carry up to one year in jail and a $4,000 fine.

What the law actually says (and doesn’t)

• Scope:SB 2024 targets “e-cigarette products,” defined as the liquid or other material that’s aerosolized or vaporized. It also expands the definition of “e-cigarette” to include devices that deliver nicotine or other substances, even if non-nicotine.
• China/foreign-adversary clause:The ban on items “wholly or partially manufactured in… China” is written in the section that governs e-cigarette products (the consumable liquid/material). How strictly that provision will be interpreted for device hardware is a key question retailers are now asking.
• Possession:The statute targets marketing and sales; possession is not explicitly banned, a point reiterated in statewide coverage.
• Penalty level:SB 2024 raises violations to a Class A misdemeanor. Under Texas law, that can mean up to one year in county jail, a fine up to $4,000, or both.

On the ground in Texas: what’s changed this week

Smoke-shop owners and convenience retailers report pulling THC and hemp-derived cannabinoid vapes from shelves and reworking inventory toward products viewed as compliant (e.g., certain U.S.-made, refillable nicotine systems), while bracing for enforcement confusion. Several local outlets noted broad impacts on disposables and recurring uncertainty for clerks and buyers.

At the same time, lawmakers did not pass an even broader, full THC ban this session; the narrower SB 2024 prevailed instead, though the political debate over hemp-THC remains active.

Compliance gray areas to watch

• Hardware vs. “e-cigarette product”:Because the China/foreign-adversary prohibition is housed under the e-cigarette product definition (consumables), some attorneys expect prefilled disposables and prefilled pods/carts made abroad to be off-limits, while hardware-only may be treated differently. Retailers should still expect mixed interpretations in early enforcement
• “Disguised” devices:The law outlaws products designed to look like highlighters, pens, phones, lipstick, etc. This provision is clearly aimed at youth-concealable designs. Expect quick removals of novelty shapes.
• Advertising near schools/churches and youth-appeal packaging:SB 2024 tightens marketing rules, and companion measures extend ad restrictions that previously covered cigarettes to e-cigarettes.

Consumer takeaways

• You can’t buy THC/“hemp-THC” vape products in Texas now; stores that sell them risk Class A misdemeanor charges. Possession isn’t expressly banned, but confusion is likely in early enforcement.
• Most disposables popular with teens or made overseas are being pulled from shelves. Some refillable, U.S.-made nicotine devices remain, but expect tighter marketing rules and fewer SKUs overall.
• If you’re unsure whether a product is legal to sell in Texas, check the label for substances (THC, CBD, kratom, kava, tianeptine, alcohol), country of manufacture, and youth-appeal design.

The bigger picture

SB 2024 is Texas’ most sweeping vape law to date. It centers on youth access and illicit products but also sweeps up hemp-derived cannabinoid vapes that had become a large legal gray market. Retailers are already retooling; attorneys anticipate testing in court and continued legislative pressure around THC.