Texas’ THCA Vape Crackdown Sparks New Consumption Loophole

OG article by Miranda Williamson

December 24, 2025

Senate Bill 2024, effective September 1, reclassified the sale of pre-filled THCA vapes containing cannabinoids like THC, CBD, Delta-8, or THCA as a class A misdemeanor, punishable by up to one year in jail and a $4,000 fine, while also banning products from foreign adversary countries such as China. This led smoke shops across Texas, including Happy Clouds in Austin and Round Rock, to clear inventories overnight, rendering about 40% unsellable, as distributors lacked compliant stock. Managers like Ryan Grant reported difficulties serving customers expecting unavailable products, with wholesale pipelines disrupted—70-80% of Dooby’s Smoking Depot’s sourcing shifted from Texas to out-of-state suppliers like California, causing sales drops of 20% in September, 16.5% in October, and 7.6% in November, though December stabilized.

A loophole emerged allowing sales of empty cartridges, batteries, and THCA liquid syringes for customer self-assembly, bypassing the ban on pre-filled devices. Brands like Pixie Dust market 3mL empty battery kits as “Fully SB2024 Compliant,” and Looper offers 1mL refillable devices with “booster shots,” sold prominently in Austin shops such as Dooby’s, Happy Clouds, Drip n Rip, Delta 8 THC Austin, MaryJae, and Restart CBD + THC. Demand surged, with supplies selling out in under two days amid shortages reminiscent of 2020 toilet paper hoarding. Shops avoid displaying components together or demonstrating assembly, as per brand guidelines, while employees like Jenna Angus navigate legal uncertainties and explain shifts to wax, liquidizers, or other compliant products.

Owners like Anthony Vazquez and Ahmad Alnajjar expressed revenue losses and concerns for customers using hemp products as opioid alternatives for pain and anxiety, advocating for reasonable regulation. The Texas Department of State Health Services has not clarified if this workaround violates the law's intent, and fears persist of future crackdowns, including proposed federal changes to the 2018 Farm Bill categorizing THC by weight, potentially banning consumables, smokables, and edibles. For now, the loophole sustains shelves, but uncertainty looms for Texas's hemp industry.