As 2026 draws nearer, consumers of vaping products—including those containing cannabis or hemp-derived cannabinoids—should be aware that regulatory winds are shifting. While there is no single sweeping overhaul on the federal horizon, several significant developments at both the federal and state levels suggest that constraints on vape sales, marketing, and shipping are likely to tighten.
On the federal front, the PACT Act (Prevent All Cigarette Trafficking Act) continues to be a key enforcement tool when it comes to shipments of electronic nicotine delivery systems (ENDS) and vape products, including those containing hemp or CBD. One recent analysis observes that direct-to-consumer (DTC) shipping of hemp- or CBD-derived vape products remains effectively blocked under current interpretations and carriers’ policies. Importantly, the same analysis suggests there is no credible momentum as of now toward loosening these restrictions ahead of 2026.
At the state level, regulatory activity is accelerating. For example, in Texas a new law (Senate Bill 2024) took effect September 1, 2025, banning the sale, marketing and advertising of certain e-cigarettes and vapes—specifically those containing cannabinoids such as THC, CBD, delta-8 THC and THCA—and even restricting products manufactured in certain foreign countries. The law does not criminalize possession, but retail access is heavily curtailed.
What does this mean for consumers? First, while the broad regulation of all vapes may not change overnight in 2026, users of cannabis- or hemp-derived vape cartridges should expect increased scrutiny, state-by-state regulatory divergence and fewer product choices—especially in states pursuing stricter regulation of flavored or disposable vapes. Second, shipping from out of state—or especially online direct to consumer—may remain difficult or explicitly prohibited for many types of vape products, including those containing cannabinoids. Third, packaging, age-gating, marketing and manufacturing origin will become more prominent compliance factors.
From a business and regulatory-compliance viewpoint, the message is clear—operators must stay vigilant. But from a consumer standpoint, the practical takeaway is that expectations should shift: the “anything goes” vape era is receding, and the regulatory environment is likely to become less permissive, not more, by 2026.
In short: no major federal liberalisation is currently in motion to benefit vape consumers by 2026; rather, the trend is toward added restrictions and tighter controls—particularly for cannabis- and hemp-derived vapes. Consumers who rely on such products would be wise to keep one eye on their state’s evolving rules, and be prepared for diminished availability, tighter age and point-of-sale checks, and heightened compliance requirements for retailers and manufacturers alike.
Yes—there are big changes on the horizon for vaping regulation as 2026 approaches, albeit incremental rather than seismic—changes that consumers should monitor closely.