As mentioned in prior posts, Governor Greg Abbott pushed the Texas Legislature to develop a functional regulatory structure to oversee the manufacture, marketing, and sale of hemp products in Texas. Governor Abbott urged the Texas Legislature to introduce legislation that would have required purchasers to be 21 years or older, restrictions near school zones, strict labeling, child resistant packaging, potency limits, and enhanced enforcement against synthetic cannabinoids. Governor Abbott called the Texas Legislature back to two special sessions with the goal of adopting the regulatory structure. However, as indicated in a recent Texas Tribune article, the Texas Legislature ended a second special session without banning or further regulating most THC products after a lengthy battle amongst lawmakers looking to rein in the hemp industry.
The Senate passed Senate Bill 6, (SB 6) at the outset of the second session. SB 6 did not advance in the House and was not heard in a House committee after the Senate passed it on August 19. SB 6 would have banned consumable hemp products with any detectable amount of any cannabinoids and would have prohibited nearly all hemp products manufactured and/or sold in Texas. Quite simply, SB 6 would have decimated the hemp industry in Texas.
Although SB 6 did not pass, Senate Bill 2024 (SB 2024) did pass earlier this year. The original language of SB 2024 targeted e-cigarettes disguised to appear like products found in schools, such as pens, highlighters, and cell phones. However, the Legislature ultimately included language which bans cannabinoid vapes .
The cannabinoid vape ban took effect on September 1. The law, as enacted, bans the sale of vapes containing THC and hemp-derived cannabinoids such as Delta-8 and THCA. The law also prohibits the sale or marketing of vapes that contain alcohol, kratom, kava or mushrooms, as well as vape products made in China or in any country designated as a foreign adversary of the United States. Of note, nearly all vape hardware, including the batteries which power vapes, are presently manufactured in China. SB 2024 also enacted stiff penalties. A person found to be in violation of the law could be charged with Class A misdemeanor and could face up to one year in jail and a fine of as much as $4,000. Of note, the law does not explicitly ban possession of cannabinoid vapes.
The biennial legislature does not reconvene until 2027. However, the hemp issue could be a point of contention in upcoming primary campaigns and could result in municipalities in Texas adopting local ordinances governing hemp products. We will continue to monitor the regulatory impact and enforcement actions taken in connection with the recent cannabinoid vape ban.
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