Confusion clouds Texas law banning sale of certain vapes, cartridges
AUSTIN, Texas — Many new Texas laws took effect September 1, including a law that makes it illegal to sell certain vapes. A provision within that legislation, h AUSTIN, Texas — Many new Texas laws took effect September 1, including a law that makes it illegal to sell certain vapes. A provision within that legislation, however, is already causing confusion. Senate Bill 2024 prohibits the sale and marketing of certain e-cigarettes, including those that look like every day items, such as office supplies.The final line of the bill, however, also criminalizes the marketing and sale of cartridges that contain "cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances." Daniel Mehler, a cannabis attorney representing several shops across the state, criticized the law, which makes it a Class A misdemeanor to sell certain vapes and cartridges, for harming Texas businesses whose main source of revenue is usually from the sale of vape cartridges containing cannabinoids.The legislation clearly bans the sale and marketing of certain products, "but there's an issue with this law in that it does not prohibit possession," he said."The vast majority of the media is saying that this is a ban on these things, and people are interpreting that to mean possession is illegal," Mehler said. "And so we're going to see a lot of law enforcement pulling them out of people's pockets, people getting booked into jail, and then we're going to end up in court, and the statute's very clear that it does not mention possession anywhere."
