Attention parents and teens: teen vaping in Texas is illegal.
It doesn’t matter if it’s nicotine or THC, it is against the law for a juvenile to smoke or vape in the Lone Star State. And that’s not all.
Starting September 1, 2023, public school students found in possession of a pen or e-cigarette on campus or at a school-sponsored event will end up in an alternative school. Texas lawmakers passed a law this year — House Bill 114 — that requires mandatory placement in the Disciplinary Alternative Education Program (DAEP) for vaping.
In this article, Board Certified Juvenile Lawyer Lisa Herrick Explains teen vaping laws in Texas, including possible crimes and penalties, as well as side consequences of possessing e-cigarettes or e-cigarettes on college campuses.
If your child has been caught vaping in North Texas, it is extremely important to contact an experienced juvenile defense attorney. Lisa can help. She is a leading expert in Texas juvenile law with extensive experience representing minors accused of vaping or drug crimes.
Vaping THC in Texas
In Texas, smoking THC is a felony in Texas, regardless of your age or the amount. Pursuant to Texas Health and Safety Code 481.103THC from sources other than the marijuana plant, is classified as A Penalty 2 Article Group Any amount is considered a felony. Here are details of the potential penalty for a THC conviction in Texas:
- Less than one gram: A state prison felony is punishable by 6 months to 2 years in state prison and a maximum fine of $10,000.
- 1 – 4 grams: A third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000.
- 4 – 400 grams: A second-degree felony is punishable by two to 20 years in prison and a fine of up to $10,000.
- 400 grams or more: A first-degree felony is punishable by 5 to 99 years in prison and a fine of up to $50,000.
As you can see, the penalty for a conviction for possession of THC is very serious. Fortunately, if your teen is under 17, they are likely to be Tried as a juvenileThe focus is on rehabilitation rather than harsh punishment. Possible punishment options for teens who vape THC include drug counseling, a Juvenile diversion programOr placing the juvenile under supervision, or placing him in a residential or treatment facility, or committing to him Texas Department of Juvenile Justice (You find).
If your child has been charged with vaping THC in North Texas, contact Board Certified Juvenile Attorney Lisa Herrick. She specializes in juvenile cases and has represented hundreds of teens accused of violating the law in Texas, ranging from misdemeanors to… Very serious felonies.
Nicotine vaping in Texas
Most people know that vaping THC is illegal in Texas, but what about tobacco? In Texas, it is illegal for persons under the age of 21 to purchase, possess, use, or accept a cigarette, e-cigarette, or tobacco product in Texas.
The legal age for tobacco use was 18, but in 2019, Texas lawmakers Strict measures have been taken in response to the rise of e-cigarettes among teenagers. They raised the minimum age to purchase or use tobacco to 21, unless the person is at least 18 and on active duty in the military.
according to Section 161.252 of the Texas Health and Safety Code, youth under the age of 21 who use or possess tobacco face a fine of up to $100. Violators may also be required to perform community service and attend tobacco awareness classes.
It is important to note that this law also criminalizes chewing tobacco, cigars and any other product containing tobacco, not just e-cigarettes or e-cigarettes.
An alternative vaping school for teens in Texas
As the new school year begins, many school districts are sending emails, videos and text messages informing parents and students of a new law aimed at cracking down on teen vaping at school.
Effective September 1, 2023, any public school student who possesses, uses, sells, gives out, or delivers e-cigarettes on school grounds or at school-related events must be temporarily placed in the district’s Disciplinary Alternative Education Program (DAEP). . The new law arose from House Bill 114, approved in the 88th legislative session Any student caught smoking an e-cigarette within 300 feet of any school property, regardless of whether or not it contains THC, must be temporarily placed in alternative education.
the Texas Education Agency (TEA) leaves the length of the penalty up to districts, but in essence, e-cigarettes now carry the same penalty as bringing alcohol or drugs to school.
For example, Fort Worth ISD leaders recently sent an email to families explaining the potential consequences for a student found in possession of an E Cig/Vape pen. A first-time offender who uses a device (non-THC) faces a one-day intervention in the district’s on-campus intervention program. A repeat offender who possesses an E Cig/Vape Pen (more than 3 devices) with THC faces a 20 day court disciplinary period. Opportunity Metro School.
It is important to note that all regions have their own policies. To find out what the penalty is in your district, contact your school administration or review the Student Code of Conduct
Side effects of teen vaping in Texas
In addition to the criminal and educational ramifications associated with teen vaping in Texas, there are also collateral consequences that can follow a teen throughout their life if they are convicted of a juvenile crime. This can include losing college scholarships, difficulty finding work, and even failure register Which may prevent them from obtaining financial aid or housing in the future.
That’s why it’s so important to contact an experienced attorney who specializes in juvenile cases if your child is accused of vaping or drug possession.
Board Certified Juvenile Attorney Lisa Herrick understands that young people make mistakes and deserve second chances. You will work tirelessly to get your child back on track without negatively impacting their future or record.
If your child is facing a drug charge (unfortunately not just nicotine), cCall 817-203-2220 to schedule a consultation with Lisa, a respected Texas expert in juvenile law. She is one of only two board-certified juvenile attorneys in Tarrant County.