Is a Vape Pen a Felony in Texas? | The Legality of THC Vaporizers!

While vape pens have been around for quite some time now, what's really interesting is the rise of readily available smoking devices containing psychoactive hemp derivatives. It's slowly becoming a booming market, especially in Texas, but the schools and law enforcement officials have taken a stand against this, offering $100 to students anonymously reporting their classmates.

The haziness surrounding the legality of possessing THC vape pens and tobacco products has led to many false arrests and citizen rights violations in Texas. Fortunately, Sparks Law Firm is here to help. Our criminal defense attorneys have a deep understanding of the state laws and can have the charges reduced or dismissed. They can also answer questions like Are cannabis drinks legal in Texas?

If you're facing a drug offense for THC possession in Fort Worth, Texas, call Sparks Law Firm to discuss your case and learn more about your legal rights! They can also assist with questions such as, What is the legality of edibles in Texas?

Are THC Vape Pens Legal in Texas?

In 2019, Texas legalized hemp, and the changes to the law made it no longer illegal to sell or consume Delta 8, a lower potency Delta-9-tetrahydrocannabinol (THC) found in small concentrations in cannabis plants.

The market quickly acted upon this new legislation, and companies started tinkering away with different formulations to create a legal compound that would produce long-lasting highs similar to that of smoking marijuana.

Delta 8 products have been sold at gas stations and other stores across Texas for over a year. The legality of these types of THC vape pens has come under scrutiny, but that hasn't stopped manufacturers and sellers from promoting them.

On the other hand, the Texas law considers Delta-9 THC vape pens illegal if the psychoactive compound in them reaches concentrations higher than 0.3%.

While smoking a vape pen with marijuana-derived extracts is legal in some states, it's not in the Lone Star State, and the criminal punishments are even harsher than smoking or possessing cannabis flower. For more information, a Fort Worth drug crime law firm may be able to help.

Is a Vape Pen a Felony in Texas?

There is a difference between vaping Delta-8 and Delta-9 vape pens, with the latter considered to be illegal, while there is a lot of confusion surrounding the former, which contains extracts derived from legal hemp.

Under Texas Health and Safety Code 481.103, smoking a THC pen is considered a felony. It falls under Penalty 2 Group Substance, which includes tetrahydrocannabinol from sources other than marijuana cannabis plants.

The following are the potential criminal punishments for a THC conviction in Texas:

• Less than one gram: The Texas law considers the possession of less than one gram of THC as a state jail felony. This offense may lead to imprisonment (between six months and two years) with a maximum fine of $10,000.

• One to four grams: If law enforcement arrests a person in possession of one to four grams of marijuana concentrates, it's considered a third-degree felony. The criminal justice system punishes this offense with two to 10 years in prison. In addition to that, the convicted may have to pay hefty fines.

• Four to 400 grams: Anyone caught with four to 400 grams of marijuana concentrates may face a second-degree felony. Under the law, the offender may receive up to 20 years of prison sentence and a maximum fine of $10,000.

• 400 grams or more: The Texas law treats the possession of 400 grams or more of marijuana concentrates as a first-degree felony. This offense has severe punishments, including up to 99 years in prison and a maximum fine of $50,000.

Possessing vape pens that contain illegal THC derived from marijuana cannabis plants is against Texas law. While adults can face jail time and hefty fines, teens under the age of 17 are more likely to experience less severe sentences.

In fact, the state government encourages rehabilitation, drug counseling, probation, and treatment facility placement for juveniles.

Can Law Enforcement Officials Arrest People Smoking Legal THC Vape Pens?

The answer is more complicated than one can imagine, as the manufacturers are playing around with the legal loopholes and have introduced stronger versions of the Delta-8 (derived from legal hemp) vape pens and products. Although they are not illegal, law enforcement officers have been quick to act and arrest people, as they believe it's a controlled substance.

In the past year, there have been many arrests associated with people smoking Delta-8 vape pens. While those accused of consuming THC oil have constantly reminded the arresting officers that they're not doing anything illegal, it is the police who must investigate the matter. Here comes another problem.

When law enforcement officers arrest an individual they suspect of smoking or possessing an "illegal" THC vape pen, they use field test kits to determine if the product contains THC oil. Based on the results, they can decide to press charges or release the person.

The field test kits that the police use can quickly tell whether the vape pen contains THC oil. However, it cannot determine whether it's derived from legal hemp or illegal marijuana. According to the law enforcement officers, the outcome of these tests is sufficient to decide whether to arrest the individual.

While that may be true, the results are not enough for prosecutors to fight the case and press charges. They need proper lab reports before looking into drug-related cases.

After the relevant police department makes an arrest, it will send the "THC" vape pen to a state crime laboratory for further testing. It can take months or even years for the police to receive the results.

Another problem is that these labs can only differentiate between the different strains of THC in a vape, but they can't do the same with edibles.

Although police officers can arrest people on probable cause, they cannot detain them further without authentic state lab reports. That said, the law and consequences of smoking vape pens (legal and illegal cannabis) on school grounds should be a real concern for students.

What Are the Legal Consequences of Smoking Vape Pens in Texas Schools?

While smoking vape pens with psychoactive extracts derived from legal hemp is not banned under Texas law, the state's lawmakers have raised the minimum age to purchase tobacco or vape products to 21 years.

To discourage teenage vaping on school grounds, there are new laws that place a student in a Disciplinary Alternative Education Program (DAEP) if they're caught vaping on school property, regardless of whether the product contains legal or illegal cannabis.

The Texas School Districts have full discretion in deciding the length of punishment. That said, vaping now carries the same penalties as bringing alcohol and drugs to educational institutions.

Each district has its own policy, which makes it important for students and parents to contact the school administration to review the Student Code of Conduct.

Is Vaping Nicotine Legal in Texas?

Vaping nicotine is not illegal in Texas. However, in 2019, lawmakers raised the age restrictions, making it illegal for those below the age of 21 to purchase and consume cigarettes, e-cigarettes, or tobacco products.

Under Section 161.252 of the Texas Health and Safety Code, anyone caught violating the newly enforced law may have to pay fines of up to $100. They may also have to attend educational classes and, in some cases, perform community service.

Facing Drug Charges in Texas? Contact Sparks Law Firm Today for Legal Representation!

Whether you were caught with marijuana or facing allegations of vaping an illegal THC vape pen, Sparks Law Firm has the skills and expertise to protect your rights and ensure speedy justice.

Call to schedule a free consultation with trustworthy and reputable criminal defense attorneys and improve your chances of having your case dismissed or charges reduced!