On September 1, 2025, a large share of the vape products on Houston store shelves became illegal to sell. Brian Foley explains Senate Bill 2024 in this video — and, just as important, what it does not do.
What SB 2024 prohibits
The bill amended Chapter 161 of the Health & Safety Code to prohibit marketing, advertising, or selling e-cigarette products that:
- Are manufactured in China or another country designated as a foreign adversary;
- Contain a cannabinoid, alcohol, kratom, kava, mushrooms, or a controlled substance;
- Are designed to appeal to minors — through cartoon characters, candy or fruit marketing, or celebrity imagery; or
- Are designed to resemble another product — a highlighter, a USB drive, a toy, school supplies, or food.
A violation is a Class B misdemeanor, and the Comptroller can pursue retailers administratively as well.
Who is exposed
The offense is directed at the seller — the smoke shop, the gas station, the online retailer, and the distributor. Simple possession of a Chinese-made nicotine vape is not, by itself, an offense under SB 2024. That distinction matters: a consumer stopped with a disposable vape is not committing a crime under this bill unless the product contains a controlled substance, in which case they were already exposed under the Controlled Substances Act.
Where it intersects with THC
The "contains a cannabinoid" provision overlaps with the ongoing fight over hemp-derived THC. A retailer selling delta-8 vapes now faces SB 2024 liability regardless of how the delta-8 question is resolved. A consumer carrying a THC vape faces Penalty Group 2 felony exposure under existing law — a far more serious charge than anything in SB 2024. Watch the companion video on SB 2024 and THC.
Practical effect
Expect fewer disguised and flavored disposables on shelves, enforcement actions against retailers, and — for consumers — no change to the underlying rule: nicotine vapes are legal to possess; THC vapes are not. If you are a retailer facing an SB 2024 complaint or a consumer charged with a THC cartridge, call or text (713) 703-1718 for a free consultation.