Denton smoke shop owners were relieved when Senate Bill 3, which proposed banning all consumable THC products statewide, was vetoed by Gov. Greg Abbott in June. However, around the same time, Abbott approved a different piece of legislation targeting cannabis sales and sales tactics that appeal to minors.
Senate Bill 2024 prohibits the sale and advertisement of certain e-cigarette products, including those containing any cannabinoids, kratom, kava, alcohol or mushrooms. This law will go into effect Sept. 1.
Under the new bill, the definition of e-cigarettes, also called vapes, was expanded to include non-nicotine vapes. The bill defines e-cigarettes as: “an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or (ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision, regardless of whether the liquid solution or material contains nicotine.”
Ryheem Powell, area manager and franchise business consultant for Cheech & Chong’s Apothicaria, expressed disappointment with the new law because of its effect on customers.
“A lot of people do utilize the vape products,” Powell said. “With the way our company operates, we’re still going to find an option to take care of those guests who like those vape products, whether it’s an alternative with flower or concentrates.”
The bill also prohibits the sale of e-cigarettes that depict cartoonlike characters or other imagery that appeals to minors, or that resemble food or drink products, office or school supplies like highlighters and pencils, celebrities or cosmetics.
Finally, this bill will make it illegal to sell vape products manufactured in China or other countries described in the bill as “foreign adversaries.”
Powell said he had previously heard of efforts in other states and at the federal level to ban premade nicotine vapes manufactured in other countries. He said he initially expected it would slow down the production of nicotine vapes, but did not expect it to apply to all vapes.
The Denton location of Cheech & Chong’s Apothicaria opened this summer. Powell said that despite the limiting feeling of this legislation passing so close to the store’s debut, he is confident in his team’s adaptability.
“Denton is a very lively community,” Powell said. “I’m excited we were able to push through it and were able to open up a brand-new store. We’re all super excited about that location.”
Multiple local smoke shops are offering deals on vapes with cannabinoids in order to remove these products from shelves by Monday. The Apothicaria, for example, is offering “buy one, get one free” deals on all vapes when buying multiple, or 40% off single vapes.
Bombay Vapor, on Sadau Court, is selling vape products from specific brands like Lost Mary, NEXA and more at discounted prices. Ashes Smoke Shop Denton on Carroll Boulevard is offering 20% to 50% discounts on THC vapes.
Emily Barron, manager of the longtime Fry Street smoke shop Zebra’s Head, encouraged concerned residents to contact their legislators. The Zebra’s Head posts updates on hemp-related legislation on their Instagram.
The shop is offering 50% off disposable vape products.
“We’ve been here for 30 years, as the Zebra’s Head, even before we were able to sell hemp,” she said. “We will be fine, but it will definitely be a hit to our sales.”
After Sept. 1, the penalty for selling any of the items prohibited by this bill will be a Class A misdemeanor, which could result in up to a year in jail and a $4,000 fine for each offense.