Tag Archives: thc

Vaping, THC and a New Texas Law Impacting Teenagers

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In Texas, the rules on teenage vaping are simple: It’s illegal. Juveniles are not allowed to vape or smoke e-cigarettes at all, whether you’re talking nicotine or THC. And now, in addition to teenage vaping being a crime, a new Texas law will force students into alternative schools for vaping. In this article, our attorneys lay out the rules about vaping both THC and nicotine, plus we discuss the new law affecting students.

Vaping THC in Texas

Vaping THC is a felony in Texas, no matter how old you are. The law on this is Texas Health and Safety Code section 481.103. It makes it illegal to possess any amount of THC from sources other than the marijuana plant. These are the punishments for a THC possession conviction:

  • Under one gram: State jail felony; 6 months to 2 years in jail and fines up to $10,000.
  • 1-4 grams: Third-degree felony; 2 to 10 years in prison and fines up to $10,000.
  • 4-400 grams: Second-degree felony; 2 to 20 years in prison and fines up to $10,000.
  • More than 400 grams: First-degree felony; 5 to 99 years in prison and fines up to $50,000.

If the person is a juvenile, they will most likely be prosecuted in juvenile court, where these severe punishments will, thankfully, be off the table. Juveniles are more likely to be sentenced to drug counseling, probation, placement in a treatment facility or other non-prison options.

Vaping Nicotine in Texas

It’s illegal for anyone under age 21 to buy, possess or use a cigarette, e-cig or tobacco product. The one exception is military members: Active military members can buy and use tobacco starting at age 18.

Under Texas Health and Safety Code 161.252, people under 21 who use or possess tobacco, including in vape form, can be fined $100 and sentenced to community service. Remember, this law criminalizes vaping tobacco or nicotine, but that’s not the end of the list. It criminalizes chewing tobacco, cigars and anything else containing tobacco.

New Law Requires Alternative School for Teenage Vaping

As of September 1, 2023, any public school student found in possession of, using, selling or giving someone an e-cig/vape on school grounds or at a school-related event must be placed in the Disciplinary Alternative Education Program (DAEP).

The law, House Bill 114, requires temporary alternative schooling for any student caught with a vape/e-cigarette within 300 feet of school property. This is the penalty whether the vape contained THC or not. Essentially, this means vapes/e-cigs are now treated the same as bringing drugs or alcohol to school.

Facing Vaping Accusations? How LEE AND WOOD, GP Can Protect Your Child’s Future

If your child is accused of vaping, whether on school grounds or not, you should contact an experienced attorney right away. The defense lawyers of LEE AND WOOD, GP handle THC and juvenile law issues every day. We’ll fight to prevent a minor incident from haunting your child’s future.

Call our Fort Worth lawyers at 817-678-6771 or email us to set up a free consultation to discuss the situation.

Failed Senate Bill Highlights the Ongoing THC/Cannabis Struggle

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When you count not falling further behind as a victory, you know you’re in a tough position. All over the country, legislators are easing restrictions on the use or possession of marijuana and THC products.

The rapid changes may lead to confusion and tragedy. Something that is legal in Oklahoma can lead to a felony conviction in Texas. While advocates are also fighting for cannabis reform here in Texas, other people are looking to push us even further down the road of criminalization.

Senate Bill 264

Hemp, which was once illegal across the country, has been legal federally and in Texas for several years. Hemp-derived CBD products are legal, provided they have a low enough concentration of delta-9 THC. The makers of these products have sought to avoid higher delta-9 THC concentrations in several ways, including by creating products that contain delta-8 THC from a laboratory.

Senate Bill 264 attempted to take aim at these lab-created products, basically expanding the current ban to more products. Fortunately, SB 264 died in committee. That means the Texas laws against cannabis and cannabis-related products, which are already among the most restrictive in the country, will not be getting harsher.

No Move Toward Legalization

Public attitudes regarding marijuana have undoubtedly softened in recent years. Many people are shocked to learn about the severity of the penalties for possession of THC oil, cannabis concentrates, and related products. While the general population would likely favor an easing of these restrictions, Texas lawmakers remain committed to the status quo.

A teenager caught with a vape pen containing THC oil residue could be jailed for up to two years. If you are arrested in connection with any of these products, you cannot afford to underestimate the trouble you’re in. While other states may have free-wheeling attitudes and laws to match, Texas law makes THC possession a deadly serious criminal matter.

Medical Marijuana Is Strictly Limited

The Compassionate Use Program (CUP) carefully regulates who has access to medical marijuana and what they can use or possess. It is only available to people with qualifying health conditions. Only a limited number of registered doctors can prescribe the products, and those products are restricted to low THC concentrations. Even if you have one of these conditions and use marijuana to treat it, you are breaking the law if you don’t go through CUP.

The people suffering these conditions may find that the available products don’t meet their needs. If you get the products you need in another state, just know that bringing them back to Texas is a crime, and you can be arrested and charged for your actions.

Strong Marijuana Defense Attorneys in the Fort Worth Area

If you have been arrested for possession of THC oil or cannabis concentrates, you need an experienced criminal defense attorney. Without a lawyer on your side, you will likely find the criminal justice system almost impossible to navigate.

At LEE AND WOOD, GP, we have the skill to protect your rights with a strong defense. Call us today at 817-678-6771 or contact us online to learn more.

Possession of “Drug Paraphernalia” is Also Illegal in Texas

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Although Texas is becoming slightly more lenient with its prosecution of marijuana possession, if you’ve been arrested with marijuana, THC oil or dabs, you may also be facing charges for possession of drug paraphernalia. That is, the things commonly used to smoke or ingest cannabis, such as:

  • A dab rig,
  • E-rig, or
  • Vaporizer.

You could also face possible drug charges for possession of an e-cigarette (e-cig), or vape pens, if police think that you used it to ingest illegal drugs. Generally, people aren’t charged for possession of drug paraphernalia on its own. It’s a charge that gets added on when you are charged with possession of marijuana/cannabis, THC oil or dabs. 

Being found guilty of possession of drug paraphernalia can enhance other criminal charges, with penalties from fines to time in jail. 

  • The lowest level charge for possession of drug paraphernalia is a Class C misdemeanor with a fine of up to $500. 
  • Were you giving or selling a dab rig or vape pen that police think was intended for use with THC? Intent or attempting to deliver drug paraphernalia can be charged as a Class A misdemeanor. That could result in a fine of up to $4,000 and up to a year in jail. 
  • If the person receiving the e-rig or dab-rig is under 18 (and the provider is at least 3 years older), you could face felony charges, a fine up to $10,000, and prison time. 

What Is Considered Drug Paraphernalia?

The police and DA have a pretty loose definition of what is drug paraphernalia. A lot of everyday household items could fit that description: a scale, a blender, mixing bowls, plastic baggies, balloons, envelopes. 

Other not-so-typical things that you could be charged with using as drug paraphernalia include a grow tent (which you could also use for sprouting veggie seedlings or growing food hydroponically) and gardening supplies. It could be cigarette papers and a rolling machine, which people use to make their own loose-leaf tobacco cigarettes more cheaply. 

Chemistry lab equipment and testing equipment can be considered paraphernalia, as can empty capsules. 

If you are facing criminal charges for drug possession along with possession of a dab rig or vape pen with THC residue, the Fort Worth criminal defense attorneys at LEE AND WOOD, GP. Call 817-678-6771 or contact us online.