Texas bans the sale of THC vape pens

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Vapes containing THC and other hemp-derived cannabinoids like Delta-8 became illegal to sell in Texas on Monday under a law passed earlier this year. Senate Bill 2024, while narrower than efforts to outlaw all THC products in Texas, drew far less attention as it moved through the Legislature.

SB 2024 makes it a Class A misdemeanor to market or sell any vape containing cannabinoids, even if the active ingredients would otherwise be legal under state and federal law. The penalty carries up to one year in jail and a fine of as much as $4,000. The law does not explicitly ban possession.

Supporters say the law is meant to keep cannabis vapes, which are small and easy to use discretely, out of the hands of teenagers. Opponents counter that it will fuel a black market and deprive adults of a safer and more convenient way of using cannabis.

With THC users seeking to stock up before the ban takes effect, ATX Organics, a cannabis shop at South First Street and St. Elmo Road, cleared out its vape inventory last week.

"Vapes create a sort of freedom for people in a lot of ways," ATX Organics general manager João Mitchell said. "Vapes are the easiest way to inhale cannabinoids. The benefit of the vape is you're not taking solid particulate matter from the lungs. You're also taking it in at a lower temperature."

ATX Organics is unusual in the industry, growing its own hemp and manufacturing its own edibles and concentrates.

Owner Brandon Tijerina said making the vapes in-house gave them control over ingredients and hardware. Their cartridges used glass heating coils instead of ceramic or cotton, which can burn and release harmful byproducts.

"You've got to maintain quality control," Tijerina said. "It just puts the power back in our hands to know exactly what's going into the process."

The cannabinoid vape ban was tacked on to legislation that initially only targeted e-cigarettes disguised to look like pens, pencils, smartphones or other products found in schools. The law also prohibits selling or marketing vapes that contain alcohol, kratom, kava or mushrooms. And it outlaws vape products made in China or in any country designated as a foreign adversary of the United States.

Even though Texas law bans marijuana, lawmakers legalized hemp in 2019. They're the same plant. But hemp is defined by law as containing less than 0.3% Delta-9 by dry weight. However, marijuana has more than 100 cannabinoids including Delta-8 and THCA, which converts to Delta-9 when heated.

That legal quirk has fueled a multibillion-dollar hemp industry in Texas. Almost 9,000 businesses are registered with the state to sell consumable hemp products like gummies, dried flower and concentrates, according to Texas Department of State Health Services records obtained by KUT News. The agency has issued more than 700 licenses to produce hemp products.

During legislative hearings this spring, young people testified that classmates were sneaking THC vapes into school.

"I see 15-year-olds using these products in the bathroom during class," said Iishaan Inabathini, a high school senior with Texans for Safe and Drug Free Youth.

Parents also urged lawmakers to act. Pearland resident Christine Scruggs said her son's use of THC vapes intensified symptoms she believed were similar to schizophrenia. The family eventually forced him into treatment.

"He was diagnosed with cannabis-induced psychotic disorder," Scruggs testified. "Please prohibit all vape products so that Texans do not have to suffer the consequences of even more addiction delivery devices. We have enough of these already."

The bill passed the Senate with only one dissenting vote. Sen. Molly Cook, D-Houston, a registered nurse, said her concern was how SB 2024 would punish any person who sold a prohibited vape.

"That means that the kid behind the counter, who is not a business owner, could be held accountable for a Class A misdemeanor, which means jail time for a lot of folks," Cook said.

Cook, whose law to ban e-cigarette advertising near schools passed the Legislature and was signed by Gov. Abbott, said she's "pretty much never ever, ever going to be OK with criminalizing something like cannabinoids or THC."

"The folks who are good players, who want to put therapeutic products out there for people, they do go above and beyond," Cook said. "When folks are asking you for safe rules and asking you how to follow them, we should give it to them.

SB 2024's author, State Sen. Charles Perry, has been a leading opponent of the state's recreational cannabis industry. The Lubbock Republican authored a bill passed by the state Legislature to ban all mind-altering cannabinoids. Abbott vetoed the law and called for stricter regulations instead of prohibition.

The Texas Senate has since approved another measure, Senate Bill 6, that would ban nearly all THC products in Texas. That bill has landed in the Texas House where it's fate — and whether Abbott would veto it again — remains uncertain.

Disclosure: KUT News and Texans for Safe and Drug-Free Youth have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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