USA Made Vapes: Fifty Bar, Wholesale Pricing & Texas Compliance

Vape Manufacturing in China and the USA (Plus Other Hubs)
2025 Buyer’s Guide to USA Made Vapes

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UC Davis Study: Metals in Disposable Vapes (Non USA-Made)

Researchers at UC Davis tested ELF Bar, Flum Pebble, and Esco Bar disposable vapes. They found:

• Lead, nickel, and antimony in the vapor, sometimes exceeding cigarette exposure.
• Lead spike: One device emitted more lead in one day than 20 packs of cigarettes.
• Worsening over time: Nickel and chromium concentrations rose up to 1,000× across device lifespan.

Contamination came from leaded bronze components and degrading heating coils.

What About Geek Bar?

Geek Bar was not tested in the UC Davis study, but context matters:

• Similar tech: Geek Bar uses comparable coils and batteries as brands that tested positive.
• Manufacturer claims: GeekVape advertises “VPU technology” with no detectable heavy metals—but these tests are not peer-reviewed.
• Materials: Stainless steel, nickel, and chromium alloys are standard in Geek Bars, the same metals linked to UC Davis’s findings.

Bottom line: No independent, peer-reviewed study exists for Geek Bar yet—raising open questions about long-term safety.

Market Shifts in 2025

With U.S. tariffs pushing imported disposable prices up and states like Texas banning Chinese-made vapes, the market is shifting towards vapes made in the USA like Fifty Bar, Pachamama, Juice Head, and BLVK Unicorn. These offer American-filled e-liquids or American-assembly (i.e. built in the USA) transparency, and faster compliance documentation.

Key Takeaways

• UC Davis confirmed toxic metals in ELF Bar, Flum Pebble, and Esco Bar.
• Geek Bar was not tested, but uses similar designs and metals.
• Manufacturer safety claims exist but lack independent verification.
• Tariffs and regulation are accelerating demand for disposable vapes that are made in the USA
  
  

Vape Manufacturing Hubs

• China: Deep supply chain, fast tooling, low cost. Watch for QC gaps.
• USA: Strong in e-liquids, compliance, fast small-batch assembly. Higher costs.
• EU/UK: TPD-compliant liquids, strict labeling, capped nicotine strengths.
• Canada: Stable rules, regional e-liquid production, U.S. proximity.
• Malaysia/UAE: Expanding e-liquid capacity and private-label fills. Check export compliance.

Best Practices in Vape Manufacturing (2025)

Supplier & Documentation
Follow ISO 9001 and ISO 13485 requirements to ensure product quality and medical-grade consistency. Require full documentation from all suppliers, including Certificates of Analysis and compliance records. Implement supplier audits to confirm alignment with U.S. regulations for legal vape manufacturing.Traceability via QR / Laser Codes

Apply QR codes or laser-engraved identifiers at the lot and unit level.
This allows full traceability for recalls, authenticity checks, and proof of origin.
Highlight USA-made or American-made vape production on traceability tools to strengthen brand trust.Battery & Electrical Safety

Validate incoming lithium-ion cells for performance, stability, and compliance with U.S. standards. Conduct thermal runaway and short-circuit tests to mitigate fire or overheating risks. Use only certified components when manufacturing American-made disposable vapes to maintain legal compliance.Child Safety & Labeling

Design with child-resistant features such as locking mechanisms, tamper-evident seals, and packaging that meets federal safety requirements. Include QR-linked batch disclosures for consumers to verify authenticity and compliance. Ensure all labels meet FDA and state rules for legal vape sales in the U.S.Sustainability

Adopt lighter, eco-friendly packaging to reduce material use and shipping emissions.
Introduce recycling pilot programs for batteries and cartridges to meet growing sustainability standards.  Market USA-made vapes as not only compliant and legal, but also aligned with eco-conscious consumer demand.

Buyer Checklist to USA Made Vapes

1. Request ISO Certifications and Battery COAs
Always request ISO certificates and battery Certificates of Analysis (COAs) from suppliers.
This confirms safety, reliability, and compliance with U.S. standards. For American-made vapes, emphasize UL-listed batteries and FDA-compliant materials.

2. Define CTQs and Secure Golden Samples
Establish Critical-to-Quality (CTQ) parameters (flavor accuracy, nicotine pouch content, airflow, puff count).  Require golden samples before purchase to ensure Fifty Bar vapes or other models meet your benchmark for legal sale.

3. Mandate Lot-Level Traceability
Insist on lot-level traceability for every shipment. This helps prove product origin (especially if advertising American-made vapes) and ensures compliance with state and federal regulations.

4. Verify Labeling and Packaging Compliance
Confirm that labeling follows FDA, state, and local guidelines.  Labels must clearly display: Nicotine warning, Batch codes and lot numbers, and “For legal sale only where allowed” disclaimers.  Cross-check Fifty Bar vape packaging for authenticity to avoid counterfeit risks.

5. Schedule 3rd-Party Quality Inspections
Engage independent testing labs to validate ingredients, nicotine content, and safety.
This strengthens buyer protection, especially when sourcing American-made disposable vapes for U.S. markets.

6. Pilot with a Small Batch Before Scaling
Run a pilot order (small volume) to test market demand, compliance approval, and device performance.  Validate legality in your target states (as laws vary on what’s allowed or legal to sell).  This reduces financial risk and ensures scaling only with compliant products.

7. Confirm Import and Distribution Legality
If importing, verify customs clearance, FDA import requirements, and PMTA compliance.
For U.S. distribution, ensure products fall under legal vape sales categories (disposable, nicotine pouch, Fifty Bar, etc.).  Maintain documentation proving products are legal where sold.

8. Assess Supply Chain Transparency
Work only with suppliers who provide end-to-end supply chain visibility.  Prioritize domestic or American-made vape manufacturers for shorter lead times and stronger compliance alignment.

Why USA Made Vapes Matter?

“U.S.-made” in vaping varies by brand and component. Some U.S.-made vapes highlight domestic builds/assembly while others stress American nicotine/e-liquids (e.g., Fifty Bar’s “Built in the USA,” American Vapor Company’s cGMP e-liquid facility, Pink Spot Vapors’ U.S.-sourced inputs).  Major brands may span borders—JUUL notes manufacturing in China and several U.S. locations.  Use the FTC’s “all or virtually all” standard for  unqualified claims; otherwise look for qualified wording and verify facility and component origins against manufacturer disclosures.

In recent years, vape pen companies have continued to deliberately target minors. The legislature has banned marketing vape pens to minors and selling vape pens to minors, but some of these companies continue to pursue customers under the age of 21. Bad actors have now begun disguising vape pens as other products, like school supplies and office supplies, in a deliberate attempt to help minors hide that they are using a vape pen. There is zero need for a person who is legally allowed to purchase a vape pen to want to disguise that the product is a vape pen.

The proposed legislation seeks to ban vape pens that are disguised as other products, including school supplies, office supplies, smart phones or smart watches, headphones, clothing, backpacks, cosmetics, and toys. Additionally, the bill bans vape pens that were manufactured in China. Unfortunately, Chinese vape pen manufacturers routinely produce products that are dangerous to human health, and many times customers do not know what substances are in vape pens that were manufactured in China.

S.B. 2024 amends current law relating to a prohibition on marketing, advertising, offering for sale, or selling certain e-cigarette products, increases a criminal penalty, and creates a criminal offense. This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION 1. Amends Sections 161.081(1-a)(A) and (B), Health and Safety Code, to redefine "e-cigarette."

SECTION 2. Amends Section 161.0876, Health and Safety Code, as follows:

Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) Redefines "e-cigarette product."

(b) Provides that a person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product:

(1) in a product container that meets certain criteria, including by including a name of a celebrity;

(2) in a product shape or design disguised to appear as an alternative product, including a product in the shape or design of certain objects; or

(3) that is wholly or partially manufactured in or marketed as being manufactured in China or a country designated as a foreign adversary by the United States secretary of commerce under 15 C.F.R. Section 791.4; or

(4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances

Texas Senate Bill 2024 – Full Legislative Text

S.B. No. 2024

AN ACT:
    relating to a prohibition on marketing, advertising, offering for
    sale, or selling certain e-cigarette products; increasing a
    criminal penalty; creating a criminal offense.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

    SECTION 1. Sections 161.081(1-a)(A) and (B), Health and
    Safety Code, are amended to read as follows:
        (1-a) (A) "E-cigarette" means:
              (i) an electronic cigarette or any other device that simulates
              smoking by using a mechanical heating element, battery, or electronic
              circuit to deliver nicotine or other substances to the individual inhaling
              from the device; or
              (ii) a consumable liquid solution or other material aerosolized
              or vaporized during the use of an electronic cigarette or other device
              described by this subdivision, regardless of whether the liquid solution
              or material contains nicotine.
        (B) The term "e-cigarette" does not include a prescription
        medical device, prescription medication, or other prescribed
        substance unrelated to the cessation of smoking.

    SECTION 2. Section 161.0876, Health and Safety Code, is
    amended to read as follows:
        Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS.
        (a) For purposes of this section, "e-cigarette product"
        means a consumable liquid solution or other material aerosolized
        or vaporized during the use of an electronic cigarette or other
        device described by Section 161.081(1-a), regardless of whether
        the liquid solution or material contains nicotine. The term does
        not include a prescription medication or other prescribed
        substance unrelated to the cessation of smoking.
        (b) A person commits an offense if the person markets,
        advertises, sells, offers for sale, or causes to be sold an
        e-cigarette product:
            (1) in a container that:
                (A) depicts a cartoon-like fictional character
                primarily aimed at entertaining minors;
                (B) imitates or mimics trademarks or trade dress
                of products marketed to minors;
                (C) includes a symbol used to market products to minors;
                (D) includes an image or name of a celebrity; or
                (E) includes an image that resembles a food product,
                including candy or juice;
            (2) in a product shape or design disguised to appear as
            an alternative product, including:
                (A) a school or office supply (highlighter, marker, pen, pencil);
                (B) a smartphone, smartwatch, or related case;
                (C) headphones or earbuds;
                (D) clothing;
                (E) a backpack;
                (F) a cosmetic (lipstick); or
                (G) a toy;
            (3) manufactured in or marketed as being manufactured in:
                (A) China; or
                (B) a foreign adversary nation designated under 15 C.F.R. Section 791.4;
            (4) that contains or is marketed as containing cannabinoids,
            alcohol, kratom, kava, mushrooms, tianeptine, or derivatives.
        (c) An offense under this section is a Class A misdemeanor.

    SECTION 3. Applies only to offenses on or after September 1, 2025.

    SECTION 4. Severability clause.

    SECTION 5. This Act takes effect September 1, 2025.

What Is Texas Senate Bill 2024?

On September 1, 2025, Texas Senate Bill 2024 (SB 2024) takes effect, enacting one of the most sweeping statewide bans on vape products in the country. While Senate Bill 3 (SB 3) drew widespread attention for its proposed prohibition on hemp-derived THC products, SB 2024 advanced quietly through the legislature—yet its impact may be equally disruptive for retailers, manufacturers, and consumers.

Key Prohibitions Under SB 2024

• Vapes manufactured in China or other “foreign adversary” nations, or marketed as such.
• E-cigarettes containing intoxicating substances other than nicotine, including CBD, Delta-8 THC, Delta-10, and THCA.
• Vape products disguised as household items (toys, cosmetics, pens, school supplies) or marketed to minors.

In short: While SB 3 was vetoed, SB 2024 ensures hemp-derived cannabinoid vapes remain banned in Texas unless reversed by future legislation or litigation.

The Legislative Path: How SB 2024 Became Law

• March 2025: Introduced by Senator Charles Perry, originally targeting toy/cosmetic-shaped vapes and China-made products.
• April 2025: Amended to prohibit any e-cigarette with cannabinoids, alcohol, kratom, kava, or mushrooms.
• April 23, 2025: Passed Texas Senate with little opposition.
• May 28, 2025: Texas House passed broader version; Senate rejected it.
• Conference Committee: Compromise kept the foreign manufacturing ban and cannabinoid prohibition, avoiding a total ban.
• June 20, 2025: Governor Greg Abbott signed SB 2024 into law.

What SB 2024 Means for Cannabinoid Vape Products

• Total ban on hemp-derived vapes: Delta-8, Delta-10, THCA, CBD, and other cannabinoid vapes outlawed.
• No nicotine loophole: Any device with cannabinoids or restricted substances is banned, even if nicotine-free.
• Foreign manufacturing ban: Disposables from China and foreign adversaries are prohibited.
• Exception: Only medical vapes prescribed under the Texas Compassionate Use Program (TCUP) are exempt.

Why SB 2024 Matters

• Reduced availability: Disposable vapes and hemp-derived vape devices removed from shelves.
• Compliance risks: Smoke shops, gas stations, and convenience stores face Class A misdemeanor charges if they fail to comply.
• Legal uncertainty: Courts may need to clarify definitions and enforcement.

Bottom Line

Texas SB 2024 marks a significant policy shift in regulating both nicotine and hemp-derived vape products. While SB 3 failed under political opposition, SB 2024 ensures cannabinoid vapes are outlawed starting September 2025.

• Retailers: Must prepare for strict enforcement or risk Class A misdemeanor charges.
• Consumers: Expect fewer product choices as imports and hemp vapes disappear from the market.
• Hemp businesses: Face a turning point, with litigation or future legislation as the only possible paths to reopening this market.

Unless challenged in court, SB 2024 cements a statewide ban on hemp-derived vapes, reshaping the industry and consumer access across Texas.

FAQ: Texas House Bill 2024 – New Vape and THCA Regulations

1. What is Texas House Bill 2024 and what does it regulate?

Texas House Bill 2024 (enacted as Senate Bill 2024) is a new law that bans the sale of certain vaping products in Texas. It specifically prohibits any electronic cigarette (vape) product that contains THC or other hemp-derived cannabinoids (like Delta-8 or THCA) and also targets products appealing to minors or made in certain foreign countries. The law was attached to a broader anti-vaping measure and was passed during the 2025 legislative session. Its goal is to tighten control over hemp-derived cannabis products in vape form, introducing criminal penalties for sellers who violate the ban.

2. When did this new Texas vape law take effect, and is it being enforced now?

The law took effect on September 1, 2025 and is currently in force. As of that date, Texas businesses can no longer legally market or sell the prohibited vape products. Law enforcement and regulators can act against shops or individuals that violate the ban, treating violations as criminal offenses. Retailers across Texas have already pulled banned items from their shelves in compliance, and the law is considered active and enforceable now.

3. Does the law ban all vapes containing THC or hemp-derived cannabinoids like Delta-8 and THCA?

Yes. Any vape product containing THC or other hemp-derived cannabinoids is now illegal to sell in Texas. This includes devices or cartridges with Delta-9 THC, Delta-8 THC, THCA (tetrahydrocannabinolic acid), CBD, or any other cannabinoid extracted or synthesized from hemp. In other words, even if the active ingredient was federally legal hemp, Texas law treats all cannabinoid-infused vapes the same and bans their sale. The prohibition is broad – it covers disposable THC vape pens, pre-filled cartridges, and any “infused” e-cigarette liquid meant for inhalation. If a product’s vape juice contains cannabinoids (psychoactive or not), it cannot be marketed or sold in Texas under this law.

4. Are any vape products exempt or still legal under this law?

Yes – certain vape products are still allowed, provided they don’t fall into the banned categories. Nicotine-only vapes that are manufactured outside of China/“foreign adversary” countries and that don’t contain cannabinoids or other banned substances can continue to be sold to adults (age 21+) under existing tobacco laws. For example, a refillable e-cigarette device made in the USA with domestically produced nicotine e-liquid is not banned by HB 2024. Additionally, state-sanctioned medical cannabis products under the Texas Compassionate Use Program (TCUP) are effectively exempt – the only cannabis vapes allowed in Texas are the low-THC prescription oils or inhalers for registered medical patients. The law’s definition of “e-cigarette” explicitly excludes prescription devices or medications unrelated to smoking cessation, which covers those medical cannabis therapies. It’s worth noting that vape hardware or batteries sold empty (with no liquid) are not explicitly banned by the text (since the law targets the consumable material). However, any device kits packaged with banned vape liquids or any hardware designed to look like a toy or school item would be prohibited. In short, traditional nicotine vapes that comply with existing laws remain legal, but all cannabinoid-infused vapes are forbidden except for prescription medical use.

5. Does the law criminalize possession of THC or CBD vapes for consumers?

No, the law does not ban personal possession – it only prohibits marketing, selling, or distributing the covered vape products. The statute specifically makes it a crime to sell or offer these vapes, but it “does not explicitly ban possession” by individuals. This means if a consumer already owns a Delta-8 or THC vape cartridge, the law doesn’t make merely having it a crime under state law. However, obtaining new ones legally in Texas is now impossible (since sales are banned), and possession of high-THC cannabis (like marijuana-derived vapes) is still illegal under separate Texas drug laws. Practically, consumers may not be penalized for holding a leftover hemp-derived vape, but any attempt to purchase or trade such products violates the law. Texans should also be cautious: possessing large quantities could invite scrutiny, and there’s always a risk that law enforcement might misinterpret a hemp vape as an illicit marijuana product. But the text of HB 2024 is clear that the target is sellers, not users, so adult consumers won’t be charged under this specific law just for having a cannabinoid vape pen.

6. What penalties do businesses face for violating the vape ban?

Violating HB 2024’s provisions is a criminal offense – classified as a Class A misdemeanor. This is the most serious level of misdemeanor in Texas. A retailer or individual convicted of selling or advertising banned vape products faces up to 1 year in county jail and a fine up to $4,000 for each offense. The law was actually an upgrade of the penalty (it raised offenses from Class B to Class A), underscoring how seriously Texas is treating these violations. In addition to criminal charges, offending businesses could suffer license or registration revocations by state health authorities and other legal consequences. Enforcement agencies might conduct stings or compliance checks, and any store caught with cannabinoid vapes on the shelf risks arrests, fines, and potentially being shut down. In short, the legal risk is significant: a conviction could mean jail time, substantial fines, and a criminal record, so compliance is essential.

7. Can employees or store clerks be charged for selling banned vapes, or only the business owner?

Any person who sells or distributes a prohibited vape product can be charged, including individual employees behind the counter. The law is written broadly to apply to “a person” who markets or sells the product. Lawmakers explicitly raised concerns that even a store clerk making a one-off sale could face a Class A misdemeanor charge under this law. In legislative debate, one senator noted “the kid behind the counter… could be held accountable for a Class A misdemeanor, which means jail time” for selling a banned vape. So it’s not limited to store owners or companies – frontline retail staff are at risk too. Businesses should train their employees carefully: if a clerk sells a Delta-8 vape pen now, both the employee and the business could face enforcement action. Practically, prosecutors might target owners/operators in most cases, but the statute allows charging any individual who conducts the sale. This means employees must refuse to sell these products just as they would refuse to sell alcohol to minors – it’s a serious matter of legal compliance at the individual level.

8. Why was this legislation passed – what problems is it trying to address?

Lawmakers passed HB 2024 in response to growing concerns about underage vaping and unregulated THC products. Supporters of the bill argued that hemp-derived cannabinoid vapes were being used by teenagers, often in schools, due to their discreet nature and candy-like marketing. During legislative hearings, parents and students testified that high schoolers were sneaking THC vapes into classrooms (sometimes disguised as everyday objects), leading to addiction and health issues in youths. One mother blamed THC vapes for her son’s psychosis and urged lawmakers: “Please prohibit all vape products so Texans do not have to suffer… more addiction delivery devices.” These emotional accounts, plus reports of under-21 buyers easily obtaining Delta-8 pens at retail, fueled the push for a crackdown. Another motivator was the flavored, colorful packaging and devices shaped like pens or USB drives, which clearly target young users. By banning vapes that contain intoxicating hemp compounds (and those marketed to kids), legislators aimed to protect minors from harmful, addictive substances. They were also reacting to the rapid expansion of the hemp-derived THC market (a “Wild West” after hemp was legalized) and wanted to rein it in due to safety concerns. Opponents countered that this approach will drive adults to the black market and take away a safer alternative to smoking, but ultimately the desire to curb youth vaping won out in this bill’s passage. In summary, the law is intended to close loopholes that allowed quasi-legal THC products to proliferate, especially among teenagers, by banning them outright and imposing stricter controls.

9. How does this bill impact Delta-8, THCA, or other hemp products that aren’t vaped (like gummies or flower)?

Importantly, HB 2024’s ban is limited to vape products – it does not outright ban ingestible or smokable hemp products like gummies, oils, tinctures, or hemp flower. Those items remain legal in Texas for now, as long as they comply with existing hemp laws (specifically, containing ≤0.3% Delta-9 THC by dry weight). For example, you can still buy Delta-8 or THCA-infused gummies and even THCA hemp flower in Texas stores, because the law explicitly targeted vapes (and similar e-cigarette forms), not all forms of consumption. This means the booming market for hemp-derived edibles and tinctures is not directly affected by HB 2024. Delta-8 THC, THCA, HHC, and other cannabinoids are still lawful to sell in Texas in non-vape formats, under the 2019 hemp legalization framework, which hasn’t changed. However, it’s worth noting that there have been separate legislative attempts to ban or strictly regulate all intoxicating hemp products. In 2023–2025 sessions, Texas Senate bills were introduced to outlaw nearly all consumable THC products statewide, but those broader bans stalled in the House and were not enacted. So as it stands, edibles, beverages, capsules, and hemp flower remain legal under the old rules, even though vape carts and disposables are now banned. Businesses and consumers should stay alert: future sessions (or local regulations) could still impose additional restrictions on those other products, but currently you can legally purchase hemp-derived THC in Texas in any form except an e-cigarette/vape.

10. What compliance steps should vape retailers in Texas take now?

Texas vape retailers must immediately remove and discontinue all products that fall under the ban. If you operate a smoke shop or CBD store, the first step is to audit your inventory and pull any THC/Delta-8/THCA vape cartridges, disposable pens, or similar items off the shelves. Many shop owners did this ahead of the September 1, 2025 deadline – for example, one Texas store owner had to yank about $2,000 worth of vape products overnight to comply. Next, retailers should secure or destroy the unsellable stock (some have boxed it up in backrooms or returned it to suppliers where possible). It’s wise to clearly segregate banned products so employees don’t accidentally sell them – consider posting notices or updating your point-of-sale system to block these SKUs. You’ll also want to train your staff: educate clerks that selling any cannabinoid vape is illegal and ensure they understand the serious penalties for violations. Additionally, update your marketing – scrub your website, menus, and advertising of any mentions of Delta-8 or THC vapes to avoid “marketing” them, which is also an offense under the law. Retailers should check that remaining vape products (the ones you continue to sell, like nicotine devices) comply with the law’s other provisions: for instance, no packaging with cartoons or candy images, and no devices disguised as everyday objects (like highlighter-shaped vapes) can be sold. You may need to pull items that have kid-attractive branding, even if they are nicotine-only. It’s also a good idea to maintain documentation (invoices, certificates) for any products you still carry, to prove they are legal (e.g. nicotine e-liquid made in the US with proper labels) in case of inspections. In summary, retail compliance means clearing out banned inventory, retraining staff, adjusting marketing, and ensuring all remaining stock meets Texas’s strict new criteria.

11. How should distributors and wholesalers adjust their sourcing under the new rules?

Distributors and wholesalers will need to dramatically change their product sourcing and line-up to comply. First, stop importing or supplying any vape products that contain cannabinoids (THC, CBD, etc.) destined for Texas retailers – those are now contraband. Wholesalers should communicate with their downstream retailers about the ban and likely assist in returns or buy-backs for unsold inventory, if possible, to help shops comply. A huge challenge is the provision banning vapes manufactured in China or other “foreign adversary” countries. Since nearly all vape hardware (batteries, cartridges, disposable units) is currently made in China, suppliers must scramble to find alternatives. You should look for American-made or domestically assembled devices, or hardware from countries not on the prohibited list – though as Texas distributors are discovering, that’s extremely difficult. If truly U.S.-made devices exist, now is the time to source them; in fact, HB 2024 allows refillable devices made in America with U.S.-produced liquids, so those would be compliant. Wholesalers should also ensure all products meet the packaging/label rules: do not distribute any e-cigarette liquids that have cartoon characters, or devices that look like pens, toys, or cosmetics. This may involve coordinating with manufacturers to get Texas-compliant packaging or avoid certain product lines altogether for the Texas market. Additionally, if you distribute hemp-derived products like gummies or tinctures, continue to verify they stay under the 0.3% Δ⁹-THC limit and have proper lab testing and labeling – while these are still legal, regulators are watching for compliance, and any misstep could invite enforcement. Finally, wholesalers involved in hemp products need to maintain the proper Texas DSHS license (Consumable Hemp Product License) for distribution, as operating without required licensing could compound legal troubles.

12. What are the packaging and marketing restrictions for e-cigarette products in Texas?

Texas already had rules against marketing vapes to minors, but HB 2024 makes them even stricter. It is now illegal to sell or advertise any e-cigarette product if the packaging or design could appeal to minors or be easily concealed. Specifically, the law bans vape products sold in packages featuring cartoon characters or graphics that mimic children’s products (think of labels with candy or cereal themes – those are prohibited).

It also forbids packaging or branding that imitates popular kids’ brands or uses symbols like youth-oriented logos. In addition, any vape device that is shaped or disguised as another object (especially items found in schools) is banned. Examples listed include vapes made to look like pens, highlighters, markers, USB drives, smartwatches, earbuds, backpacks, lipstick, or toys.

These stealth designs were a big reason for the law – legislators saw them as a way teens were hiding vape use in school. Under the new rules, a retailer selling a highlighter-shaped vape or a cartoon-themed vape juice bottle would be committing an offense. Moreover, the law extends to marketing practices: any advertising that targets minors or implies a product is something it’s not would be unlawful.

Retailers must also adjust labels for allowed products. For instance, if you sell a nicotine e-liquid, its label must not have imagery that primarily targets kids (no cartoon mascots, etc.), or you risk violating the “marketing to minors” prohibition. Essentially, Texas wants vape products (those few that remain legal) to be marketed in a plain, adult-focused manner.

13. Are there any THC content or potency limits for hemp products under Texas law?

Yes, Texas defers to the federal definition of hemp for potency limits: hemp products must contain no more than 0.3% Delta-9 THC by dry weight. This has been the law since the 2019 Farm Bill and Texas’s own HB 1325, and it remains in effect. Notably, Texas law does not currently cap the total amount of other cannabinoids (like Delta-8 or THCA) in a product – which is why, for example, you could legally buy a gummy with 25 mg of Delta-8 THC as long as the Delta-9 content in it was under 0.3% by weight.

This loophole (high cannabinoids except Δ⁹) is exactly what fueled the recent hemp market boom in Texas. So to be clear: there is no milligram limit on THC or other cannabinoids in edibles or tinctures under current law, apart from that dry-weight percentage for Delta-9 THC. Regulators have considered adding potency caps – Governor Abbott had called for limits on total THC and synthetic cannabinoids, but the comprehensive reform bill containing those measures did not pass in 2025.

As a result, the only THC content limit remains the 0.3% Δ⁹-THC definition of hemp. All hemp products must comply with that (and be derived from hemp, not marijuana), and they must not contain prohibited adulterants. For instance, THC-A is not explicitly limited by percentage – but when heated it turns into Delta-9 THC, so effectively high-THCA flower can produce illegal Delta-9 when smoked, a gray area that Texas hasn’t fully resolved.

14. Do Texas businesses need a license or registration to sell hemp-derived products?

Yes. Texas requires those involved in the hemp/CBD business to be licensed or registered with the state. There are two main tiers: manufacturers (and processors or distributors) need a Consumable Hemp Product License from the Texas Department of State Health Services (DSHS), and retail sellers (stores or online retailers) need to obtain a Retail Hemp Registration for selling consumable hemp products.

The Retail Hemp Registration is an annual registration (about $155 per location) for any store that sells packaged hemp-derived consumables and doesn’t alter them. Nearly 9,000 businesses in Texas have registered with the state to sell consumable hemp products like CBD and Delta-8. If you’re simply a retailer selling, say, CBD oils or hemp gummies, you’d register rather than get a full license.

On the other hand, a Consumable Hemp Product License (around $258 annually) is required for any operation that manufactures, packages, repackages, labels, or otherwise processes hemp products, which includes wholesalers who relabel or repackage products under their own brand. These licensing rules were in place before HB 2024 and remain in effect.

15. How does the ban on Chinese-made vapes affect American vape brands and suppliers?

The new law’s ban on vape products manufactured in China (or other designated adversary nations) has a huge impact on the vape market, since the vast majority of vaping devices and components are produced in China. For nicotine vaping products, this effectively wipes out most popular disposable brands. In the short term, Texas retailers have found almost no ready replacements, because even products advertised as “American-made” often contain Chinese parts.

However, this restriction could open the door for American-made vape brands (or those made in non-banned countries) to gain a foothold in Texas. If any manufacturers can truly make disposable e-cigs or vape hardware domestically, Texas now represents an opportunity since imports are barred. The law explicitly does not ban refillable devices made in America with U.S.-made e-liquids, so a company that produces vapes entirely in the USA could legally sell in Texas – giving it a competitive edge.

That said, in practice the supply chain can’t change overnight. Many “American” brands still rely on Chinese factories for hardware, so they’ll need to retool manufacturing or source parts elsewhere. In the immediate term, Texas vape shops have been left with empty shelves for disposables and are telling customers they only carry bottled liquids or devices they trust are non-Chinese.

16. What does this law mean for Texas consumers who use cannabis vapes?

For consumers, HB 2024 means that you can no longer purchase THC or CBD vapes from any legal store in Texas, forcing a significant change in behavior. If you relied on Delta-8 THC vape pens or CBD cartridges for relaxation or medical relief, those products have vanished from Texas shelves as of September 1, 2025.

Consumers have indeed been stocking up before the ban and are now upset – many feel their preferred method of cannabis use has been taken away. Legally, an adult consumer is not punished for possessing hemp-derived vapes, but there is no lawful way to buy new ones in-state. This has a few implications: Some consumers might switch to alternative formats like gummies, tinctures, or capsules (which remain available). Others, unfortunately, may turn to the black market or out-of-state sources.

This is risky – unregulated products might be unsafe, and buying from illicit sources could entangle consumers in legal trouble. For those using vapes for medical needs, one legal route is to see if you qualify for the Texas Compassionate Use Program – doctors in that program can prescribe low-THC cannabis oil which can be vaped via approved devices. Outside of that, consumers may need to adapt by using legally obtainable hemp products.

17. Can Texans still legally buy hemp-derived THC products like gummies or THCA flower?

Yes. Aside from vapes, most other hemp-derived products remain legal in Texas for adults. You can walk into a CBD or smoke shop and purchase Delta-8 or Delta-9-THC gummies, candies, beverages, tinctures, and even smokable hemp flower (bud), provided those products come from hemp and have ≤0.3% Delta-9 THC by dry weight. Texas’s new law did not outlaw these categories.

So if you prefer edibles, nothing in HB 2024 stops you from getting them. The same goes for THCA hemp flower: it’s basically raw hemp that’s high in THCA, which converts to Delta-9 when smoked – as of now, Texas has not banned hemp flower sales. The key for any hemp-derived product’s legality is that it must meet the definition of hemp and be produced by a licensed entity under Texas (or federal) hemp rules.

18. Is it legal to order cannabinoid vapes online or from out-of-state after this ban?

No. Ordering a banned product from out-of-state is not a loophole – it’s effectively illegal, because Texas law considers the sale or delivery into Texas of these items to be an offense. Even if the seller is in another state, if they ship a prohibited vape to a customer in Texas, they (and potentially the customer) are violating Texas law.

In practice, Texas authorities might have difficulty enforcing against an out-of-state company, but packages can be intercepted, and consumers risk losing money or worse. For individual consumers, the risk of prosecution for ordering a small amount might be low, but it’s there. And remember, possession of a hemp-derived vape isn’t a crime by itself, but if the product delivered contains more than 0.3% Delta-9 THC, you could inadvertently be in possession of a controlled substance.

19. What should businesses do with existing inventory of banned vape products?

Texas law doesn’t provide a buy-back or compensation for banned inventory, so businesses are unfortunately stuck figuring this out on their own. The immediate step is to remove the products from retail display and storage accessible to the public – keeping them would be considered possession with intent to sell, which is risky.

Many shop owners have boxed up their remaining Delta-8/THC vape stock and set it aside. They cannot legally sell it in Texas, so the options are limited: return it to the supplier or manufacturer (if possible), transfer it to operations in other states where it’s legal, or dispose of it. Some wholesalers or manufacturers may accept returns, but many small retailers are finding they simply have to eat the loss.

Businesses should document the removal for their own records and to show good-faith compliance. If transferring inventory out-of-state, ensure it’s lawful in the destination state. Disposal might mean destroying the products – Texas doesn’t have a specific program for this, but rendering them unusable before discarding is recommended.

20. Could Texas enact further restrictions on hemp and THC products in the future?

Yes, it’s quite possible. The battle over hemp-derived cannabinoids in Texas is ongoing, and HB 2024 may only be the beginning of stricter regulation. In 2023–2025, multiple legislative attempts were made to ban all “intoxicating” hemp products – some passed the Senate but stalled in the House.

Governor Greg Abbott has been vocal about wanting tighter controls: banning sales of THC products to minors, limiting potency, and establishing stronger enforcement mechanisms. The Texas Senate has generally favored tough restrictions, whereas the House has been more divided, possibly due to industry pushback and concerns from veterans and patients who use these products.

The next regular Texas legislative session is in 2027, but regulatory activity could happen sooner via local ordinances or agency rules. Businesses and consumers should stay informed and engaged with the legislative process, since the legal status of other hemp-derived products could change in the near future.