We at Green Herbal Care want you to know. Governor Greg Abbott just vetoed a bill that would have banned all THC edibles in Texas—vape pens, gummies and oils. So now you're left wondering: Are THC vape pens legal in Texas after the veto? Or, are they still illegal?
The short answer is – Yes, THC vape pens remain illegal in Texas.
Here's what consumers should know.
The Veto: What It Is
On June 22, 2025, Governor Abbott vetoed Senate Bill 3, a sweeping bill that would have prohibited consumable hemp products with any THC content. This saved many businesses and maintained consumer access open—at least temporarily. The governor promoted regulation rather than prohibition.
The veto does not legalize THC vape pens. It simply prevented that specific ban from happening.
Why THC Vape Pens Are Still Illegal
Texas state law, under the Controlled Substances Act, perceives THC concentrates like vape pens as controlled substances. Regardless of whether the product is hemp-derived, concentrated THC exceeds the law. Possession of THC vape pens is a criminal offense and can be an even felony offense.
Consumer Penalties and Risks
Texas penal code criminalizes THC vape pen possession severely:
Less than one gram of THC concentrate possession is a state jail felony, punishable by 6 months to 2 years state jail and a fine not to exceed $10,000.
Higher amounts have greater felony levels and incarceration.
That is, one cartridge, typically 0.5 to 1 gram, can already trigger charges.
What Occurred in Senate Bill 3
Senate Bill 3 would have banned all THC products derived from hemp. It was defective, however. The bill would have:
Made all THC-containing products illegal, even trace amounts present in THCA vapes.
Put Texas farmers, veterans, pharmacists and small businesses at risk.
Made constitutional arguments against federal hemp protections.
Abbott promised it would criminalize law-abiding Texans and subject them to a legal fight under federal law.
What Comes Next
Abbott asked for a special session of the legislature to begin July 21 to establish a regulatory system and not a ban. Legislation proposed is:
Age limits (21+ only)
Near schools/playgrounds, sales restrictions
Child-resistant packaging
THC potency caps
Licensing and testing
Agency regulation like that of the Texas Alcoholic Beverage Commission
These suggestions attempt to balance consumer safety, business operations and legal restrictions on Delta-8 disposables.
Where to Buy Securely
At Green Herbal Care,
We utilize legal CBD products, tinctures, topicals, edibles and hemp-derived products which are legal under current law.
We do not sell THC vape pens since they are not legal in Texas.
We favor clear, good regulation over prohibition.
If you're looking for safer, legal alternatives to hemp vapes, shop our selection of CBD tinctures, capsules and other non-vaporizable alternatives.
What Customers Should Know
Don't assume legality: Despite the veto, THC vape pens are still illegal in Texas law.
Look into product content: Look for strictly tested, compliant levels of hemp-derived CBD only.
Remain informed: Legislation could result from the special session. We'll keep you posted as they evolve.
Prioritize safety and compliance: Utilize products that meet up-to-date guidance and legislation.
Why It Matters to You
Green Herbal Care is committed to equipping consumers with safe, legal hemp products. Future laws make safe availability possible—but until then, THC vape pens are dangerous.
We believe in,
Clear regulation
Consumer protection
Support for Texas hemp businesses
Final Thoughts
The veto by the governor saved South Texas' hemp industry and jobs and access—at least temporarily. But the THC vape pen legislation remains the same: illegal.
Green Herbal Care hemp dispensary will continue to,
Provide legal, high-quality hemp-produced products
Monitor new legislation and guidance
Define what's permitted and what's not
If you are not sure about compliance, whether a product is legal, or a safer alternative where to find it, please contact us. We are here to help.
Also Read: What Vapes Aren’t Being Banned?
Frequently Asked Questions
Are all THC vape pens banned in Texas?
Not all THC vape pens are banned. Hemp-derived vapes containing less than 0.3% Delta-9 THC remain legal, provided they meet state compliance standards under Texas hemp laws.
Can tourists bring THC vape pens into Texas?
No, bringing THC vape pens with banned cannabinoids into Texas is prohibited. Tourists are subject to the same restrictions and penalties as residents under Texas hemp laws.
How can buyers confirm if a vape pen is compliant?
Buyers should always request third-party lab results. Look for proof of hemp origin, cannabinoid percentages, and safety testing to ensure compliance with Texas hemp regulations.
Do THC vape pens face flavor restrictions in Texas?
Texas bans intoxicating hemp vapes regardless of flavor. Both flavored and unflavored products must comply with state law, with no exemptions based on taste or style.
Where is the safest place to buy legal THC vape pens in Texas?
Licensed retailers like Green Herbal Care provide fully compliant, lab-tested hemp vape products. Buying from trusted vendors ensures legal safety, consistent quality, and transparency for Texas consumers.
