Texas THC Vape Sales Banned; Broader Hemp Ban Stalls
The Texas hemp industry is navigating a complex and uncertain regulatory landscape after another special legislative session concluded on September 4th without a comprehensive ban or new regulations on consumable hemp products. While a new law effective September 1st has outlawed the sale of vapes containing any cannabinoid, including THC and CBD, other products like THC gummies and smokable flower remain legal for now.
The special session saw a familiar political standoff between Texas’s top Republicans. Lieutenant Governor Dan Patrick and the State Senate once again pushed for a total ban on all psychoactive hemp-derived THC products. However, the proposal never reached a vote in the Texas House. This follows a similar outcome from the regular session, where Governor Greg Abbott vetoed a near-total ban, urging lawmakers to instead regulate the multi-billion-dollar industry similarly to alcohol, with age restrictions, packaging requirements, and testing.
For retailers like Jacqueline Walji, owner of Mellow Monkey in San Antonio, the end of the session without a broader ban brought a sigh of relief. “This is our bread and butter,” she told KSAT. However, the new law targeting cannabinoid vapes has already had an impact, with empty vape boxes now littering her shelves. The law also prohibits vapes (including nicotine products) made in China or disguised as everyday items like highlighters.
Customers are already adapting, with one telling KSAT he would likely return to using smokable flower as his main source of THC. The stalemate between Abbott’s call for regulation and Patrick’s insistence on a total ban leaves the industry in limbo. When asked if he would call another special session or wait until 2027, Governor Abbott hinted at further developments, telling reporters, “I would say ‘stay tuned on that.’ Something may be happening soon.”
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