San Antonio Hemp Shop Sues City Over Expanded Vape Ban

A significant legal challenge is unfolding in San Antonio as The Purple Dragon, a local hemp retailer, has filed a lawsuit against the city. The core of the dispute is a recent administrative expansion of an ordinance that now bans consumable hemp products, like gummies and edibles, near schools—a move the business owner alleges is unconstitutional and unfairly targets his operations.

San Antonio’s Evolving Retail Rules Near Schools

The controversy began in May 2025, when the San Antonio City Council passed the “Building Regulations Enhancing Anti-Vaping Trends & Habits ordinance.” This law initially prohibited vape and tobacco shops within 1,000 feet of schools and day care centers. Recognizing its Babcock Road location was near the International School of San Antonio, The Purple Dragon proactively stopped selling vaping and tobacco products to comply with the new rule.

The “Tweak” that Changed Everything: Consumable Hemp Added

However, the regulatory landscape shifted dramatically on November 3, 2025. Without further City Council approval, Amin Tohmaz, director of the city’s Development Services Department (also a defendant in the lawsuit), determined that retailers specializing in consumable hemp products were “most materially similar” to vape shops. This reclassification extended the ban to include products like cannabis-infused gummies, edibles, and drinks, directly impacting The Purple Dragon’s business model.

The Purple Dragon’s Fight Against “Targeted” Regulation

Following this administrative expansion, the City of San Antonio allegedly withheld The Purple Dragon’s Certificate of Occupancy, a mandatory permit for legal operation. Attorney Omar Cura Jr. argues his client is being “targeted and treated differently” due to his business. Cura noted, “Here, they’re (the city) saying, because you deal in hemp, we’re going to treat you differently than everybody else.”

The retailer highlights that its Babcock location lease was signed April 1, 2025, before the initial vape ban took effect. Having already adjusted to avoid vape and tobacco sales, The Purple Dragon believes the city’s unapproved expansion to include consumable hemp is unfair. The lawsuit contends this application of the law is “unconstitutional” and “unenforceable.”

The City’s View and “Grandfathering” Clarified

City spokesman Brian Chasnoff stated the city’s “deep concern about smokable products near schools.” He notably did not specifically address consumable hemp. Chasnoff explained that since The Purple Dragon was not legally operating with a Certificate of Occupancy when the ban expanded, it does not qualify for “grandfathering” protections. The original May ordinance allowed 82 existing vape/tobacco shops near schools to continue operating, provided they did not expand.

It’s important to clarify that only The Purple Dragon’s Babcock Road location (1739 Babcock Road) is affected by this legal challenge. Its other two stores at 526 W. Hildebrand and 1123 Culebra Road remain unaffected by the new ordinance.

Key Dates in the Ongoing Legal Battle

What to Watch For: The Path Ahead

The immediate future hinges on an upcoming temporary injunction hearing. On November 7, Judge Christine Hortick granted a temporary restraining order, directing the city to issue The Purple Dragon a certificate of occupancy, allowing the shop to operate for now. Attorney Cura expects the injunction hearing to be postponed, suggesting a potentially lengthy legal process.

This case carries significant implications for San Antonio’s business community, particularly for those in the evolving cannabis and hemp sectors. It raises crucial questions about administrative authority to modify ordinances and the constitutional rights of businesses facing such swift regulatory shifts.

Frequently Asked Questions About the San Antonio Hemp Ban Lawsuit

• Why is The Purple Dragon suing the City of San Antonio?
  The Purple Dragon is suing because the city withheld its Certificate of Occupancy after administratively expanding a ban on vape shops near schools to include consumable hemp products, which the business argues is unconstitutional.
• What specific products are affected by the expanded ban?
  The expanded ban now includes consumable hemp products such as gummies, edibles, and cannabis-infused drinks, in addition to vape and tobacco products.
• Are all Purple Dragon locations in San Antonio affected?
  No, only the new location at 1739 Babcock Road is affected. Its other two established stores remain unaffected.
• What is the city’s main concern regarding these businesses?
  City spokesman Brian Chasnoff cited a “deep concern about smokable products near schools,” even though this specific dispute primarily involves consumable (non-smokable) hemp items.
• What does a Temporary Restraining Order mean for The Purple Dragon?
  A TRO allows The Purple Dragon to operate temporarily with a certificate of occupancy while its lawsuit against the city proceeds.

For San Antonio entrepreneurs, this ongoing legal battle serves as a vital reminder to meticulously track local ordinance changes and their interpretations, especially when operating in regulated sectors or establishing new businesses near schools or sensitive areas.

San Antonio Hemp Shop Sues City Over Expanded Vape Ban