A vape that looks like a highlighter has one purpose: to not look like a vape. Texas decided in 2025 that purpose was reason enough to ban the sale. Brian Foley explains in this video.
The provision
Among the categories of e-cigarettes SB 2024 prohibits marketing or selling are products with a container or packaging that resembles, or is shaped like, a product other than an e-cigarette — the statute lists examples including school supplies, toys, food, and electronic devices — and products marketed with imagery aimed at minors. The offense is a Class B misdemeanor for the seller.
Why the Legislature cared
Disguised devices are built for schools. Texas already treats vaping on campus seriously: Education Code § 37.006 requires placement in a disciplinary alternative program for possession of an e-cigarette at school, and a THC vape at school adds a felony drug charge in a drug-free zone. Banning the sale of devices designed to evade detection was the Legislature's attempt to reach the supply.
Why it matters beyond the sale
The bill targets sellers, not possessors — but a disguised device is a red flag for anyone who finds it. A "USB drive" that turns out to be a vape gives an officer a reason to ask what is in it, and a school administrator a reason to search a backpack. If the cartridge contains THC, the disguise did not prevent a charge; it produced a state jail felony for a student who might otherwise have faced a school discipline matter.
For parents
A teenager found with a THC vape at a Harris County school faces both a disciplinary process and a juvenile (or, at 17, adult) criminal case. Both have consequences that follow into college applications and beyond, and both are defensible — but early legal involvement matters. Call or text (713) 703-1718 for a free consultation.