Valley cities push back as smoke and vape shops multiply

Smoke and vape shops have become one of the Rio Grande Valley’s fastest-growing types of retail, but a growing number of cities are trying to limit where — and how many — can open.

There are already hundreds of them across the region, selling a mix of products meant for adult use, including CBD products and electronic cigarettes, or vapes.

But some cities are pushing back on the fast-growing industry, restricting retail locations near schools, churches, and hospitals.

Last week, Harlingen commissioners unanimously approved a temporary moratorium on new smoke shops for at least six months — and possibly longer. 

That decision has paused the expansion plans of smoke shop operators like Abdelhadi Al-Hatabeh, who recently opened Mr. Puff in Brownsville and Cyberskunk Smokeshop in McAllen. 

Al-Hatabeh and his siblings took over the family’s smoke shop business in Houston and have expanded to more than two dozen stores across the state. 

While many of his customers seek vapes, often to curb cigarette smoking habits, there is also a large market of clients who want hemp-derived CBD products, he said. 

“[Before 2018,] smoke shops were more of a trendy business, where you could go in and buy novelties and stuff,” he said. 

But after hemp-derived CBD was legalized nationwide, it was a different business model. 

“That changed the game,” he said. “A lot of companies have invested in this.”

For example, most CBD products are now manufactured in batches that can be traced back to factories. 

He’s noticed that many medical cannabis patients in Texas buy from CBD shops instead of the state’s medical cannabis program because it’s cheaper.

“A lot of our customers are teachers, doctors, or veterans, or older people who are just looking for some CBD to help them sleep,” he said. 

Al-Hatabeh sought a special use permit for a smoke shop in Harlingen last week, but the decision was postponed until after the moratorium ends. 

“I’m all for regulating this and making sure no shops are opening near schools, hospitals, or anywhere kids could see, because it’s our job as responsible business owners to make sure we’re protecting the youth,” he said. “Smoke shops prevent the black market because you’re selling regulated stuff.” 

He said he remains hopeful about obtaining a permit once the moratorium ends. 

Harlingen Mayor Norma Sepulveda says she’s concerned about public safety, as there’s been a rash of break-ins by teens trying to steal vapes from shuttered shops. Harlingen already has 14 smoke shops, and commissioners have recently voted against two more.

“Safety is a big issue,” Sepulveda said during the Jan. 21 commission meeting, where the moratorium was approved. 

The city recently conducted a sweeping master plan for the community with significant public input and is trying to grow strategically, the mayor said. 

“I think part of our comprehensive plan is to grow with intention and to ensure that we have a community that is family-friendly,” Sepulveda said. “That is, making sure what we bring into the community, serves the greater city and [that it is] what is wanted by the community.” 

The industry also faces headwinds from Texas lawmakers. 

There’s a new vape ban in Texas, and there’s the threat of hemp-derived CBD products being banned nationwide. 

In Texas, as of September 2025, smoke shops are prohibited from selling CBD vapes and vapes containing kratom, kava, alcohol, or mushrooms, as well as vapes manufactured in China — which primarily affects disposable vapes — and any vapes that appeal to minors through character, food, or candy-like packaging.

In November 2025, President Donald Trump signed a federal spending bill that tightened the definition of hemp and restricted many hemp-derived THC products sold nationwide, including in smoke shops.

While some smoke shops ended up with a glut of products they can no longer sell, notably Houston-based Vape City, which has several locations in the Valley, Al-Hatabeh said he was able to move product to stores outside Texas when the law changed. 

In the Rio Grande Valley, there’s a growing number of cities enacting restrictions on new smoke shops. 

In December 2025, the city of Alamo passed an ordinance restricting new vape shops from its most prominent commercial corridors, such as Alamo Road or along the U.S. 83 Expressway frontage road — where there are already six in operation. 

In McAllen, there are 29 smoke shops with e-cigarette licences on file with the state. City leaders regularly approve conditional use permits for smoke shops within 400 feet of residential neighborhoods — despite zoning restrictions. But in April 2025, commissioners denied a permit to a business that wanted to combine a smoke shop and liquor store near the McAllen High School grounds. 

A month later, however, McAllen commissioners approved Al-Hatabeh’s application to open Cyberskunk Smoke shop near North 10th Street and Dove Avenue. 

In Brownsville, there are already 30 smoke shops with electronic cigarette licenses. But in March 2025, the city enacted regulations on vaping stores that prohibit new shops within 1,000 feet of a church, hospital, daycare, or school.

Al-Hatabeh opened Mr. Puff along Boca Chica Boulevard in Brownsville in September 2025. It did not require special zoning approval. 

“In the Valley, it’s [the] least competitive [market],” he said. “In major cities like Houston or Dallas, there are way more smoke shops, vape shops, or dispensaries. I think the Valley still has a lot of room for more shops to open.”