In a move that’s already stirring controversy, Texas has passed a new law banning the sale of any vape products containing cannabinoids.
The ban covers cannabinoids that are otherwise legal under state law. This includes popular compounds like Delta-8 THC and other hemp-derived cannabinoids. Many Texans have come to rely on these products for pain relief or anxiety or simply as a legal alternative to marijuana.
What Changed?
The new law, which took effect September 1, 2025, closes what lawmakers called a “loophole” in the state’s hemp laws. While marijuana remains illegal in Texas, hemp-derived cannabinoids were in a legal gray area. Products like Delta-8 were technically legal because they were derived from hemp and contained less than 0.3% Delta-9 THC, the psychoactive compound in marijuana.
But now, the state has drawn a hard line. Under the new legislation, any vape product containing cannabinoids is banned from sale in Texas. Retailers caught selling these products could face fines, license suspensions or even criminal charges.
Why This Matters
When an activity goes from legal to illegal, there are invariably people who are caught unaware. Fines and criminal charges are a serious matter, so it’s important to put up a strong defense if you’re facing charges.
The market for THC vapes was substantial. Veterans, cancer patients and people with chronic pain frequently turned to hemp-derived vapes as a legal and accessible form of relief. With medical marijuana still tightly restricted in Texas, we understand that these products filled a critical gap.
Thousands of businesses across the state moved to meet this demand. Since the ban, smoke shops, wellness stores and CBD retailers have had to pull products off their shelves. Those who miss, or misinterpret, the new law could face serious trouble.
Legal Confusion and Enforcement Questions
The law’s language is broad, which tends to cause problems as people try to adapt. The ban could also be described as the latest effort to eventually make all THC products illegal. Many Texas lawmakers have expressed the desire to end the legal market for these products.
As criminal statutes expand, more and more people can get caught up in the criminal justice system. This can even happen in circumstances that lawmakers didn’t intentionally include.
What Should You Do?
If you’re a consumer, check your products. If they contain any cannabinoids and are designed for vaping, they’re now illegal to sell in Texas. Possession is not yet expressly criminal, though it may be in time. You will also want to be sure not to cross state lines with any illegal substnace.
If you’re a retailer, talk to a lawyer. You may need to revise your inventory, update your compliance policies and prepare for inspections. If you’ve already encountered trouble, you need an experienced criminal defense attorney as soon as possible.
And if you’re confused, you’re not alone. Laws like this often move faster than the public can keep up. That’s why it’s critical to stay informed and to know your rights.
Get Legal Help Right Away
At Lee & Wood, GP, our Texas criminal defense attorneys have extensive experience in cases involving THC and cannabis. If you have been arrested or charged with this or another drug-related crime, call us at 817-678-6771 or contact us online.