The Basics

In Texas, anything that counts as a THC concentrate—like oils, extracts, or vape cartridges—usually faces much harsher penalties than regular marijuana. In fact, even a tiny amount of THC oil can sometimes lead to a felony charge. That surprises a lot of people, especially those who assume “it’s just a vape pen.”

On the other hand, Texas allows hemp products that contain only very small amounts of THC (0.3% or less). That’s why you’ll see CBD vapes and hemp products sold in stores across the state. The problem is that once you move into higher-THC products, even accidentally, you may find yourself facing criminal charges.

Recent Changes

In 2025, a new law (SB 2024) took effect banning the sale and marketing of cannabinoid vape products altogether. But here’s the twist: the law mainly targets businesses selling or advertising these items—it doesn’t clearly spell out what happens if someone simply possesses one.

Why It’s So Complicated

The bottom line is this: there isn’t one simple “percentage cutoff” that makes a vape pen legal or illegal in Texas. Instead, it depends on whether it’s considered hemp, whether it’s classified as a concentrate, and how prosecutors decide to handle the case.

What To Do If You’re Charged

If you’re facing charges for a THC vape pen in Texas, it’s not something to take lightly. Because the laws are so complex—and because even small amounts can sometimes be treated as a felony—the smartest move is to consult an experienced attorney. A lawyer who understands Texas drug laws can explain where your situation fits in and help you navigate the process.

⚖️ Takeaway: THC vape laws in Texas aren’t black and white. If you find yourself on the wrong end of a charge, don’t try to untangle the confusion on your own—get professional legal advice.