Are THC Vape Pens Illegal in Texas? A Look at Texas SB2024 and SB6
- houstoncriminaldef
- 6 days ago
- 4 min read
As criminal defense attorneys in Houston, we often field questions about the evolving legal landscape surrounding cannabis and THC products in Texas. With the recent enactment of Senate Bill 2024 (SB 2024) effective September 1, 2025, there's been significant confusion about whether THC vape pens are now illegal. Based on our analysis of the bill's text and related legislation like Senate Bill 6 (SB 6), we'll break down what these laws mean for possession, sale, and use of THC vapes. We'll also explain why our firm strongly advises clients to avoid THC products entirely, given how many Texas counties are treating THC derivatives as controlled substances under Penalty Group 2.
What Does SB2024 Say About THC Vape Pens?
SB 2024, which became law on September 1, 2025, amends the Texas Health and Safety Code to impose new restrictions on e-cigarette products. The bill defines "e-cigarette" broadly to include devices that deliver nicotine or other substances via aerosol or vapor, as well as the consumable liquids used in them—regardless of whether they contain nicotine. Critically, it prohibits the marketing, advertising, sale, or offering for sale of e-cigarette products that:
Use packaging depicting cartoon characters, mimicking kid-friendly trademarks, or resembling food/candy.
Are shaped like everyday items such as pens, highlighters, smartphones, headphones, clothing, backpacks, cosmetics, or toys.
Are manufactured in China or a designated foreign adversary country.
Contain, are mixed with, or are marketed as containing cannabinoids (which include THC), alcohol, kratom, kava, mushrooms, tianeptine, or their derivatives.
This last provision directly impacts THC vape pens, as THC is a cannabinoid derived from cannabis. Under SB 2024, selling or offering to sell a vape product containing THC is now a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Importantly, the law targets sellers and marketers, not individual possession. However, this doesn't mean possession is risk-free—far from it, as we'll discuss below.
The bill's focus appears to stem from concerns over products appealing to minors and unregulated substances, but its inclusion of cannabinoids has effectively banned the sale of THC-infused vapes statewide. If you're caught in a transaction involving these products, you could face serious charges.
What About Texas SB6 and Broader THC Regulations?
During the 89th Legislature's second special session, SB 6 aimed to go further by regulating hemp-derived products, including those with THC. The bill would have required occupational licenses for hemp producers, imposed fees, and created criminal offenses for handling consumable hemp products containing detectable amounts of cannabinoids other than CBD. Essentially, it sought a blanket ban on many THC-containing hemp items, including vapes, edibles, and tinctures, by criminalizing their manufacture, sale, possession, and use.
However, SB 6 stalled in the legislative process and did not become law. It advanced to the House Public Health Committee but failed to progress further before the session ended. This means Texas did not enact a comprehensive statewide ban on all THC hemp products under SB 6. That said, the failure of SB 6 doesn't eliminate risks—local enforcement and existing controlled substance laws still apply.
Why We Advise Staying Away from THC Products Altogether
Even without SB 6, THC vape pens and other derivatives remain a legal minefield in Texas. Many counties, including Harris County (where Houston is located), are aggressively prosecuting THC possession by classifying derivatives like delta-8, delta-9, and THC concentrates as controlled substances under Penalty Group 2 of the Texas Controlled Substances Act. This group includes tetrahydrocannabinols (THC) other than marijuana itself.
Prosecutors often argue that synthetic or extracted THC falls under this category, leading to felony charges even for small amounts. Our advice? Stay away from THC products altogether. The line between legal hemp-derived CBD (with less than 0.3% delta-9 THC) and illegal THC is blurry, and lab testing discrepancies can turn a "legal" product into a criminal case. With SB 2024 now in effect, obtaining these products legally has become nearly impossible without risking involvement in an illegal sale.
Penalties for Possession of THC Under Penalty Group 2 in Texas
If charged with possession of THC under Penalty Group 2, the penalties escalate based on the amount possessed. Here's a breakdown:
Less than 1 gram: State jail felony – Punishable by 180 days to 2 years in state jail and a fine up to $10,000.
1 gram to 4 grams: Third-degree felony – 2 to 10 years in prison and a fine up to $10,000.
4 grams to 400 grams: Second-degree felony – 2 to 20 years in prison and a fine up to $10,000.
More than 400 grams: First-degree felony – 5 to 99 years (or life) in prison and a fine up to $10,000.
These are base penalties and can increase with enhancements for prior convictions, school zones, or other factors. Even a small vape cartridge could weigh enough to trigger felony charges.
Final Thoughts: Protect Yourself and Seek Legal Help
While Texas SB2024 doesn't outright ban possession of THC vape pens, it has shut down legal sales channels, and local prosecutors are filling the gap by treating THC as a Penalty Group 2 substance. Combined with the failed but revealing SB 6, this signals a tough stance on THC in Texas. If you're facing charges related to THC possession, sale, or any drug offense, don't navigate it alone. At Houston Criminal Defense Attorneys PLLC, we have extensive experience defending clients against these evolving laws. Contact us today for a consultation—your future depends on strong representation.
This post is for educational purposes only and does not constitute legal advice. Laws can change, so consult an attorney for your specific situation.