North Texas business owners concerned by new vape regulation, looming THC bill

FRISCO, Texas - A new Texas law bans nicotine disposable vapes imported from China and THC-infused vapes. The law passed during the regular session and took effect on Monday.

FOX 4 heard from North Texas businesses about the impact, and how this could just be the beginning.

Texas vape regulation

What's new:

THC-infused vapes are now illegal to sell, but gummies and other consumables containing the substance are still legal. 

Vape and CBD stores are still bracing for a possible total ban on consumable THC.

A common alternative to cigarettes has been the use of vapes. SB 2024 puts an end to disposable vapes imported from China.

The new law also bans all THC-infused vapes, including those derived from hemp, like Delta 8. 

The law also requires retailers to adjust labeling and marketing practices. 

‘People are upset’

What they're saying:

Carol Jones is the owner of CBD American Shaman in Frisco. Jones says vapes make up about 20 percent of the store’s revenue. 

"This is now stuff that I have lost money on, because I wasn't able to sell before the ban went into place," Jones said.

Her concern isn't just with profit; she says her customers rely on her products.

"I got people with autoimmune issues that use vapes because it helps them with their condition and allows them to still function," Jones said.

The new law bans disposable THC vapes, but batteries without THC included are still legal to sell. THC cartridges from unregulated, third-party sources are commonly used with these batteries. 

"We’ve seen over the last couple of weeks, of people buying batteries and not vapes, so they have probably found a source that is not legal products. People are upset," Jones said.

The new restrictions come as businesses are bracing for a total ban on THC-consumable products. 

"It’s been really nerve-racking. Not only for us about if we are able to stay in business, but for our customer" said Jones.

Will Texas still ban THC?

Dig deeper:

Amid pressure from veterans and other groups, Gov. Abbott vetoed a total THC ban during the regular session. 

In the second session, SB 6, a near-duplicate of the vetoed effort, sailed through the senate. 

The new THC ban has been stalled in the House, with only a few days left in the session. 

Abbott  wants a total ban for people under 21, and regulations on products for older customers.

Lt. Gov. Dan Patrick, who championed SB 3 through the regular session, says Abbot’s version of regulation doesn't go far enough.

"In Texas, we listen to law enforcement. Law enforcement has never been more united on this issue to ban these products," Patrick said.

Jones rejects the idea that the industry can't be regulated. 

"If you are dealing with packaging that is shrink-wrapped and has all their labeling and QR codes that takes you to the certificate of analysis, there is no question in law enforcement’s mind where that question came from," Jones said.

Will there be a third Special Session?

What's next:

Sources have told FOX 4 that lawmakers plan to end the Special Session as early as Wednesday night. 

If that happens, we will have to see if the governor calls them back for a third Special Session.