As vaping continues to outpace traditional smoking among the nation’s youth, students who a few years ago may have been charged with at most a misdemeanor for smoking a joint are now facing felony charges for having a vape pen in their backpacks.
Full Answer
Can you go to jail for having a vape pen in school?
Caught off guard by the increase in teen vaping, schools are grasping every tool at hand, including expulsions and suspensions. In some districts, students can face harsh discipline and jail time for having a vape pen in their backpack.
Should schools have discretion over expelling students for vaping?
School officials absolutely have discretion over expelling students, especially for first time offenders, said Christina Beeler, a lawyer who represents Harris County students in school disciplinary proceedings. She believes schools should instead provide substance abuse treatment for students caught vaping THC.
What happens if you get caught with THC in your vape?
When vape pens or e-cigarettes containing THC are detected, police are called in. Students who are arrested for possession of THC-based vaping products are now facing felony charges. According to Texas Education Agency data, the number of incidents involving student arrests or expulsions has more than doubled within the past year.
What is the Texas School’s stance on vaping?
Caught by surprise over the past two years as vaping flipped from trendy to deadly, terrified Texas school officials are aggressively attempting to quash the newest public health epidemic sweeping the nation’s youth and playing out in their bathrooms, classrooms and football stadiums.
What happens if a school catches you vaping?
Most kids use vape pens because they cannot be easily recognized as e-cigarettes. Common punishments include community service, one-week suspension for first or second offenses, and even expulsion for repeated behavior.
Can a school expel you for vaping?
Education Code Prohibits Tobacco and Nicotine Products A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has…
Can I vape in a classroom?
The prohibition regarding the use of all tobacco products and e-cigarettes on school property applies to students, staff, visitors, contractors, and those using school property for community events.
What are the consequences of vaping as a minor?
Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control. Each time a new memory is created or a new skill is learned, stronger connections – or synapses – are built between brain cells. Young people's brains build synapses faster than adult brains.
Can you test your kid for vaping?
Blood Test: A simple blood draw can detect traces of nicotine about two hours after use. Test priced at $70. Hair Follicle Test: This is a good option for parents who think their child has been either vaping or smoking nicotine for a long period of time and the child might stop using it just to get through the test.
How long can you get suspended for vaping?
Please note that a vaping device with THC or any other type of illegal drug is a level 3 discipline offense which will result in a 1st offense minimum consequence of 10 days out-of-school suspension, which could also include a recommendation for long-term suspension/expulsion.
How do students hide vapes?
"Kids can hide them in pockets, kids can hide them in backpacks," said Rania Mankarious, CEO of Crime Stoppers of Houston. "They look like pens or other objects, and because they're so easy to get, fun to use, they're cool, they're addictive, you're seeing a sharp increase."
How do students hide vapes in school?
Students conceal them in highlighter pens, pencil cases and long-sleeve shirts. Girls hide them in their bras and headbands. They inhale when the teacher isn't looking and the vapor they exhale dissipates quickly, though the flavored kind can leave a fruity fragrance in the air.
How common is vaping in high school?
In 2022, about 1 in 10 or more than 2.5 million U.S. middle and high school students currently used e-cigarettes (past 30-day). 14.1% (2.14 million) of high school students and 3.3% (380,000) of middle school students reported current e-cigarette use.
What percentage of kids vape?
Decrease in smoking and drug use among school children but increase in vaping, new report shows. New figures from NHS Digital show a decrease in numbers of school children taking drugs and smoking cigarettes but a rise in vaping, with 9% of 11 to 15 year olds currently using e-cigarettes.
Why do teenagers vape?
addiction, they like the “hit” they get from nicotine. appealing flavors (e.g. fruit, candy, dessert) devices are seen as trendy, or a status symbol. they consider vaping “harmless” and “safer than smoking” in order to quit or cut down on smoking.
What happens if you vape under 21?
For minors attempting to purchase or use vaping products, punishments include fines up to $50, education on health risks, and community services.
Can you get expelled for smoking?
Note: Education Code 48900 and 48901 prohibit students from possessing, smoking, or using tobacco on school grounds, as provided in the following paragraph. Pursuant to Education Code 48900, students who violate this prohibition may be subject to discipline, including suspension or expulsion.
How do I stop my child from vaping at school?
One of the best ways to stop vaping at your school is to create a healthy school environment. This means promoting healthy activities and providing support for students who are struggling with addiction. You can do this by offering counseling services, after-school programs, and health education classes.
How does vaping affect high school students?
addiction: E-cigarettes contain nicotine, a drug that's highly addictive. You don't have to vape every day to get addicted. anxiety and depression: Nicotine makes anxiety and depression worse. It also affects memory, concentration, self-control, and attention, especially in developing brains.
Is there a device that can detect vaping?
3D Sense is a vape detector that works on many of these fronts to help combat vaping. 3D Sense continuously monitors its environment to detect vaping, smoking, and air quality disruptions. When vaping is detected, chosen contacts get an alert on their phone so they can investigate further.
What is the penalty for a felony for possession of marijuana?
A marijuana or THC oil offense that is a felony can result in a prison sentence, felony probation and/or a fine of up to $10,000.00.
Can vape pens be filled with THC?
School officials in Texas are discovering vape pens may be filled with THC oil instead of tobacco.
What happens if you are arrested for vaping?
Students who are arrested for possession of THC-based vaping products are now facing felony charges.
What did the student believe the vaping pen contained?
The student purchased the vaping pen off a classmate. He initially believed that the pen contained CBD, which he thought would help him relax.
What happens if you get a felony in Texas?
Even after serving time, people with prior convictions can face unfavorable odds when searching for employment, attending college, or finding housing.
Is vaping a trend among teenagers?
The use of electric cigarettes and vaping products has rapidly grown among teenagers over the past few years.
Is THC illegal in Texas?
Unlike many other states, THC oil (and all other cannabis products) is illegal in Texas. Marijuana possession in Texas usually results in misdemeanor charges — at worst, a first-degree felony charge. Anyone in possession of THC oil (which is far more potent than marijuana) could face felony charges.
Why is it important to stay compliant with vaping laws?
Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.
What age can you buy a vape?
Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.
Where is smoking banned?
Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).
Where are tobacco substitutes banned?
Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).
How old do you have to be to buy e-cigarettes?
Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).
Is vaping banned in Hawaii?
E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).
Is smoking banned in prison?
Use banned the same places smoking is banned ( Section 23-20.10-2 (19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties ( Section 240-20-1.6 (D) and 1.16 (D) ).
What happens if a vape pen is empty?
If a school is going to charge a student will possession of a substance, they should conduct a test of the drug or paraphernalia to confirm that it is in fact a controlled substance.If a vape pen is empty when confiscated, the school will likely test the residue. If the test shows positive for drugs, they student will likely face expulsion.
Can you help all students facing drug possession in school?
I can help all Florida students in grades K-12 facing discipline for drug possession in school. I have successfully helped many students avoid the most severe punishment in several Florida school districts.Click here for more information on the possession of drugs in school. Click here for information regarding K-12 school suspensions and expulsions. Richard Asselta is an award-winning student defense attorney who helps students facing drug possession in school. Call today for a free consultation. ( 855-338-5299
Can I be searched at school if they think I have drugs?
Reasonable suspicion can arise many ways. It can come from another student’s tip, seeing the student go into the bathroom frequently, unusual behavior, or if someone overhears comments about having something. If drugs or drug paraphernalia are found, it will be collected as evidence and used in the school’s case for expulsion.
Vaping madness
Pitched as a way to help people quit tobacco, e-cigarettes heat nicotine-laced liquid, turning it into a vapor which delivers high concentrations of the drug straight into smokers’ lungs. But many of the actual consumers are young people, never before addicted to cigarettes, drawn to the colorful variety of flavors companies marketed.
Hard line or helping hand?
Vaping swept San Antonio’s Northside ISD campuses so fast last year, district officials struggled to respond. In 2018-19 the district, with more than 100,000 students, handled 152 disciplinary incidents related to felony-level controlled substances, six times the number from the previous year.
Felony trap
After sitting in jail for half of a day last December, Williams-Platt found himself in a meeting with school administrators discussing his fate.
