Are THC Vape Pens Legal in Texas After the Veto? Here's What You Need to Know

On June 22, 2025, Texas Governor Greg Abbott made headlines by vetoing a statewide ban on THC consumables, including gummies, oils, and vape pens. The decision halted a bill that would have outlawed many popular hemp-derived products, citing constitutional concerns and economic harm to Texas' $8 billion cannabis-adjacent industry.

But don't be fooled by the headlines — THC vape pens are still illegal under Texas law, and possessing them can lead to serious felony charges.

At Texas Defenders, we're seeing more clients caught in this legal gray zone. Many people mistakenly believe they can legally purchase or use THC vape pens in Texas simply because they're sold in stores or online. That's not the case.

Here's what you need to know about THC vape pen laws in Texas, how the veto affects enforcement, and what to do if you're facing charges.

What Was in the Vetoed THC Ban?

The bill vetoed by Governor Abbott aimed to ban all consumable hemp and THC products, including Delta-8 and Delta-9 edibles, oils, and vape cartridges. It was intended to close the loophole that allowed hemp-derived psychoactive products to be sold across Texas — often in gas stations, smoke shops, and wellness stores.

Abbott called the bill “well-intentioned” but ultimately unconstitutional. He expressed concern about criminalizing tens of thousands of business owners, veterans, and farmers who operate in good faith. Instead, he called for a special legislative session in late July 2025 to address THC regulation in a more balanced way.

While this veto keeps some products on store shelves for now, it does not legalize THC concentrates or vape pens.

Are THC Vape Pens Legal in Texas?

No. THC vape pens remain illegal in Texas. Even after the veto, the Texas Controlled Substances Act still applies. Here's the breakdown:

• THC (tetrahydrocannabinol) is a Schedule I controlled substance under Texas law unless it is derived from hemp and contains less than 0.3% Delta-9 THC by dry weight.

• Most THC vape cartridges — whether labeled as Delta-8, Delta-9, or otherwise — contain concentrated forms of THC, not raw plant material.

• Texas treats THC concentrates more harshly than marijuana flower. Possession of a single cartridge can be a state jail felony, even for first-time offenders.

That means even if you bought a THC vape pen from a retail shop, if it contains more than trace amounts of THC, you can still be arrested and charged.

THC Vape Pen Penalties in Texas

The penalties for possessing THC vape pens are severe, often surprising people who thought they were buying legal products.

Under Texas Health and Safety Code § 481.116, possessing THC concentrate is classified as possession of a controlled substance in Penalty Group 2:

• Less than 1 gram: State jail felony (6 months to 2 years in state jail, up to $10,000 fine)

• 1 to 4 grams: Third-degree felony (2 to 10 years in prison)

• 4 to 400 grams: Second-degree felony (2 to 20 years)

• Over 400 grams: First-degree felony (5 to 99 years)

Each vape cartridge can contain 0.5 to 1 gram of concentrate — meaning just one cartridge is enough for a felony charge.

Why Are Vape Pens Treated More Harshly Than Flower?

Texas law differentiates between marijuana plant material and concentrates/extracts like oils, waxes, or distillates found in vape pens. The logic is that concentrates are more potent, easier to conceal, and harder to regulate for THC content — even if they're hemp-derived.

Unfortunately, this means a person with a single vape pen faces much harsher consequences than someone with a small bag of marijuana.

Doesn't the 2018 Farm Bill Legalize Hemp Products?

The 2018 federal Farm Bill legalized hemp and hemp-derived products with less than 0.3% Delta-9 THC. Texas followed suit with House Bill 1325 in 2019, allowing hemp cultivation and the sale of compliant products.

But here's the catch:

• The law does not legalize THC concentrates, even if derived from hemp.

• Law enforcement rarely tests for exact THC content on the spot.

• Prosecutors still move forward with charges based on the presence of THC, regardless of whether it's Delta-8 or Delta-9.

In other words, you may think you're in compliance with the law — but you can still be arrested, charged, and prosecuted based on what's in the vape cartridge.

What About Delta-8 and Delta-9 THC Vape Pens?

These are some of the most confusing products on the market.

• Delta-9 THC: The main psychoactive compound in marijuana. Legal if derived from hemp and kept under 0.3% by dry weight, but illegal in concentrated form.

• Delta-8 THC: A milder psychoactive compound synthesized from CBD. Legal status is hotly debated, and enforcement varies by county.

Even with the veto of the THC ban, prosecutors in many parts of Texas continue to treat Delta-8 and Delta-9 vapes as illegal, especially when sold in concentrated form.

How Texas Defenders Can Help

If you've been arrested for possession of a THC vape pen, you are not alone — and you have options.

At Texas Defenders, we represent clients across Dallas, Tarrant, and Collin counties who are facing THC-related charges. We build strong defenses by:

• Challenging illegal searches or traffic stops

• Questioning lab results and chain of custody on vape cartridges

• Arguing ambiguity in the law around hemp-derived THC

• Pushing for pretrial diversion or case dismissal when possible

Our goal is to keep you out of jail, protect your record, and hold the state accountable to the law.

Final Thoughts

Governor Abbott's veto of the THC consumables ban doesn't make THC vape pens legal in Texas — far from it. These products still fall under the state's strict controlled substances laws, and possession can result in felony charges.

Until the Texas Legislature updates the law in a meaningful way, any vape pen containing THC remains a serious legal risk.

If you're facing charges related to a vape pen, edible, or other THC product, call Texas Defenders today at 214-306-9696 for a free case review. We'll help you understand your rights and fight for your freedom.