Possession of a Vape Pen: Can My Child Be Charged?

Electronic cigarettes, also known as e-cigarettes or vape pens, are increasingly popular. Unfortunately, many juveniles use vape pens throughout Texas. And not only are these vape pens dangerous, but they’re also heavily regulated, just like other drug paraphernalia.

Has your child been caught with a vape pen? If so, it’s important that you understand Texas law to better prepare for what comes next.

Vape Pens: Understanding the Law in Texas

In Texas, the purchase, possession and use of e-cigarettes are prohibited by those under 21 years of age, unless a person is at least 18 and has a US or state military ID card. The use of e-cigarette or vapor products is also prohibited at school and before or after-school programs. This means vape pens are not to be used on the premises, playground, buses or during field trips.

If your minor child is caught with a vape pen or e-cigarette used for inhaling tobacco products, the offense is punishable by a fine up to $100. 

Juvenile Drug Charges

If traces of THC from the marijuana flower are inside the vape pen in your child’s possession, or they have another form of THC in their possession, your child could face juvenile drug charges. Unfortunately, this can result in a Class C misdemeanor which could result in fines up to $500, probation or other rehabilitation requirements.

Schools in Texas are also taking vaping seriously, often suspending and expelling students for possessing vape pens and drug paraphernalia on-campus.

What to Do If Your Child Is Arrested for Possession

Texas law allows individuals who have been charged with possession of a vape pen to apply to have the conviction expunged on or after their 21st birthday. Yet, crimes such as possession of THC or other drug paraphernalia are more serious. 

To set your child up for future success, we recommend calling an attorney with experience in juvenile charges who can help. An attorney can help you negotiate with your school district or provide legal defense if required.

Reach Out to the Legal Team at Maddox Law Firm Today

Your child’s arrest and/or charge doesn’t have to hinder their future ability to attend college or get a job. We can help. To learn more about juvenile charges or to speak with an attorney, give us a call at 972-373-3635 or send us a message.

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