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What Is a Vape? Why Was There an Arrest?
Vapes, also known as e-cigarettes, are battery-powered devices designed to heat a liquid mixture into an aerosol that users inhale. While initially marketed as a safer alternative to smoking, vapes have become incredibly popular among teenagers and young adults, with many using them for recreational purposes.
Vapes come in a variety of shapes, sizes, and types, and they’re often used with different substances, including nicotine, CBD, Delta-8, and THC oils. Some vapes are compact and easy to conceal, making them particularly popular among high school and college students.
When it comes to legal issues, the type of vape and the substance inside it are critically important. Nicotine vapes are legal for individuals over the age of 21. However, vapes containing THC—a chemical compound found in marijuana—are subject to strict regulations in Texas. If the THC concentration exceeds 0.3%, the product is considered illegal and can lead to serious criminal charges, including felonies.
Arrests involving vapes often stem from misunderstandings or assumptions about the contents. For example, a school administrator or police officer might assume that a vape contains THC without proper testing. In some cases, this leads to harsh penalties for minors or young adults simply because the product looked suspicious.
If you or your child has been arrested or disciplined for possessing a vape, it’s essential to act quickly. Katy Boortz has the experience and knowledge to investigate the details of your case, challenge assumptions, and build a strong defense to protect your rights.
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Texas Laws on Vape Products
Texas Laws on Vape Products
In Texas, the legality of vape products depends on their contents, particularly the concentration of THC, a chemical compound found in marijuana. These laws can be confusing, especially with the rise of Delta-8, CBD, and THC vape products that look nearly identical but carry vastly different legal consequences.
Legal Vape Products
Nicotine-Based Vapes
These products, often marketed as alternatives to smoking traditional cigarettes, are legal for individuals aged 21 and older. They are widely available in convenience stores and vape shops across Texas.Delta-8 and CBD Products
Delta-8 and CBD oils, derived from the hemp plant, are legal under Texas law as long as their THC concentration remains below 0.3%.- Delta-8: Mimics the effects of THC but with lower potency.
- CBD: Commonly used to reduce anxiety or promote relaxation.
Illegal Vape Products
THC Vape Cartridges (Over 0.3% THC)
Any vape product containing more than 0.3% THC is classified as illegal under Texas law. Possession of these products can result in serious criminal charges, including felony drug possession.Homemade Oils and Unregulated Cartridges
Cartridges filled with homemade THC oil or purchased from unregulated sources, such as street dealers, are also illegal. These products are particularly dangerous because their contents are untested and may contain harmful substances.
Understanding the Consequences
The penalties for possession of illegal vape products depend on the quantity and THC concentration:
- Misdemeanor Charges: May apply for smaller amounts or less potent products.
- Felony Charges: Typically apply for larger quantities or high-THC vape cartridges.
Given the overlapping and often confusing laws, it’s not uncommon for products to be misclassified by school administrators or law enforcement officers. This can lead to unfair arrests or disciplinary actions, even for legal products.
If you or your child is facing legal trouble over vape products, Katy Boortz can help navigate these complex laws, protect your rights, and fight for the best possible outcome.
Caught With a Vape at School
Caught With a Vape at School
Getting caught with a vape at school can lead to serious consequences, even if the vape doesn’t contain illegal substances. Schools often impose strict penalties for possession of vape devices, including:
- Suspension or expulsion.
- Disciplinary hearings or tribunals.
- Involvement of law enforcement if the product is suspected to contain THC or other controlled substances.
In many cases, school administrators or police officers make assumptions about the contents of a vape without proper testing. For example, a vape containing nicotine or legal CBD/Delta-8 oil could be misidentified as an illegal THC product. These assumptions can result in severe disciplinary actions at school and even criminal charges.
School Policies and Dual Consequences
Schools typically enforce their own rules regarding vape possession, regardless of the legality of the product. This means that even if a vape is legal (such as a nicotine or CBD device), students can still face punishment under the school’s code of conduct.
If the vape is believed to contain THC, the situation becomes even more complicated. Students may face both school disciplinary actions and criminal prosecution, creating a dual set of consequences that can significantly impact their future.
How Katy Can Help
Katy Boortz has extensive experience representing students in disciplinary hearings, tribunals, and criminal cases involving vape products. She understands the nuances of these situations and knows how to challenge assumptions about the contents of a vape.
Whether your child’s case involves school administrators, law enforcement, or both, Katy will:
- Advocate for fair treatment in disciplinary hearings.
- Investigate the evidence and challenge questionable THC testing methods.
- Work to reduce or dismiss criminal charges to protect your child’s future.
If your child has been caught with a vape at school, it’s important to act quickly. Katy can guide you through the process and fight for the best possible outcome. Contact her today for an initial consultation.
Testing THC Levels
Testing THC Levels
One of the most critical factors in vape-related cases is determining the concentration of THC in the product. In Texas, this distinction can mean the difference between a legal product, a misdemeanor, or a felony-level offense. Unfortunately, testing THC levels is not always straightforward, which can lead to confusion, misidentification, and unfair charges.
The Importance of THC Concentration
Under Texas law, vape products containing less than 0.3% THC are considered legal (e.g., CBD or Delta-8). However, if the THC concentration exceeds 0.3%, the product is classified as a controlled substance, which can result in serious criminal charges.
Despite this clear legal threshold, the process of determining THC concentration often creates challenges:
- Visual Assumptions: School administrators or police officers may make assumptions about a product’s contents based solely on its appearance or packaging, which is unreliable.
- Field Testing Limitations: Many testing kits used by law enforcement only provide a “positive” or “negative” result for THC. These tests cannot determine the exact THC concentration, leaving room for error in how charges are filed.
Legal Implications of Testing Issues
When THC levels cannot be accurately measured, it creates significant opportunities for a defense. Misidentified vape products or faulty testing can result in charges that don’t align with the actual contents of the vape. For example:
- A product assumed to contain illegal THC may actually be a legal CBD or Delta-8 vape.
- Field test results may be too vague to support a felony charge.
How Katy Can Help
Katy Boortz knows how to challenge the evidence in vape-related cases, particularly when it comes to testing THC levels. Her approach includes:
- Examining the accuracy and reliability of field tests used by law enforcement.
- Investigating the source of the vape product to determine if it could have been legally obtained.
- Arguing for reduced or dismissed charges when testing is inconclusive or flawed.
If you or your child is facing criminal charges related to vape products, Katy can help build a strong defense and ensure your rights are protected. Contact her today for a consultation.
Taking the First Step
Take the First Step to Protect Your Future
Vape-related charges—whether in school or in the criminal justice system—can feel like a dead end, especially with strict zero-tolerance policies in place. But even when the outcome seems predetermined, an experienced attorney can make a difference. From challenging assumptions about the vape’s contents to advocating for reduced penalties or alternative resolutions, legal representation can change the trajectory of your case.
Katy Boortz offers a free initial consultation to help you understand your options and develop a strategy tailored to your situation. Don’t leave your future to chance—contact Katy today to start building your defense.
