In Texas, the law specifies that anyone under 18 cannot vape tobacco, legal hemp, or illegal marijuana. It’s also illegal to buy tobacco and illegal marijuana products. Penalties are severe. If you get caught, you could end up facing felony charges and a lifelong criminal record.

The best case is that you’ll end up charged with a misdemeanor – if you’re charged as a minor (17 or under). And if you’re busted at school or at a school event, by law you must be placed in an alternative school.

Additionally, police typically have no way to tell whether vape pens are loaded with nicotine, CBD, Delta-8, or Delta-9, which means they’re likely to assume the worst about the contents of your vape pen.

Vaping Under Age 18 Could Lead to Felony Charges

Though it’s illegal for teens to vape – and the consequences can be severe – that doesn’t appear to be a serious deterrent. Roughly 16% of Texas students reported using e-cigarettes in 2021. Comparatively, about 8.1% of students reported using traditional tobacco products.

According to the Texas Department of State Health Services 2023 Youth Electronic Cigarette Report:

• 11.2% of high school students in Texas reported using e-cigarettes over a 30-day period in 2021
• 5.6%  of Texas middle school students reported using e-cigarettes over that same period.

What Happens If You’re Caught Vaping THC While Under 18?

THC stands for tetrahydrocannabinol. It is a cannabinoid that produces the “high” in cannabis. THC is commonly referred to as Delta-8 or Delta-9.

It is a felony to vape THC in Texas if you’re under 18. 

Texas takes THC use very seriously, and a single vape pen could leave you facing felony charges – particularly if you’re charged as an adult, and even if you purchase the item legally. The state technically has no age restriction for THC sales.

Charges for THC in Texas are determined by the total weight of the item, not the overall potency. Anything over a gram is a felony charge. Many disposable vape pens weigh one gram or more. You could face:

Weight	Charge Classification	Penalty
Less than one gram	State jail felony	Six months to two years in a state jail facility; maximum fine of $10,000
One to four grams	Third-degree felony	Two to ten years in prison; fine of up to $10,000
Four to 400 grams	Second-degree felony	Two to 20 years in prison; fine of up to $10,000
400 grams or more	First-degree felony	Five to 99 years in prison, a fine of up to $55,000

A typical disposable vape can often weigh between 20 and 30 grams.

However, if you’re caught vaping and are 17 or younger, there’s a good chance you will be prosecuted as a juvenile. If that’s the case, the emphasis will be on rehabilitation rather than punishment. If tried as a juvenile, you could face:

• Drug counseling
• Juvenile probation
• Juvenile diversion programs
• Placement in a residential or treatment program
• Commitment to the TJJD (Texas Juvenile Justice Department)

READ MORE: Is Delta-9 legal in Texas?

Vaping THC

Though all vaping is illegal for minors, the substance you’re caught vaping will make a difference when it comes to penalties, so it’s important to understand the differences.

As mentioned, THC is a cannabinoid that produces the “high” in cannabis. Many Texans equate it with marijuana, but that’s not quite correct. Hemp-derived THC is technically legal for adults in Texas, but only if the concentration is .3% or lower.

• CBD: This stands for cannabidiol. It’s technically cannabis without the compound that produces the “high.” CBD is often used as a sleep aid or to help with chronic pain or anxiety.
• Marijuana: These are the dried leaves and flowering tops of the Cannabis sativa or indica plant. The active chemicals in marijuana cause drug-like effects, and are called cannabinoids.
• Hemp: This refers to the fiber of the cannabis plant. It is extracted from the stem and used to make rope, strong fabrics, fiberboard, and paper. Legally grown hemp is just a cannabis plant that has been genetically altered to produce a product with a THC concentration below 0.3%.
• Cannabis: This technically refers to the Cannabis sativa or Cannabis indica plants that are used to produce both hemp and marijuana. However, it’s also commonly used as a synonym for marijuana.

Because there’s no field test for THC, you could face felony charges even if you’re vaping a legal product. Police will assume that it’s marijuana. That means you’ll potentially be left with a life-long criminal record and face fines as high as $10,000.

READ MORE: Is THC-H legal in Texas?

Vaping Nicotine in Texas

It is illegal for anyone under age 21 to buy or use cigarettes, e-cigs, or tobacco products. The consequences of vaping tobacco or nicotine products are less severe than if you’re caught vaping THC or marijuana. 

The only exception is for military members: Active-duty military members can legally purchase and use tobacco starting at age 18.

Texas Health and Safety Code 161.252 says anyone else under 21 who uses or possesses tobacco, including vape pens, will face a fine of up to $100 and may be sentenced to community service.

What Happens If You’re Caught Vaping on School Property?

Regardless of whether you’re vaping nicotine, legal THC, or marijuana, penalties for vaping on school property are extreme.

Due to a new law, any public school student who is busted with a vape pen or e-cigarette on school property or at a school-sponsored event must be placed in an alternative school. You don’t have to use the pen. Possessing, selling, giving, or delivering e-cigarettes is enough to meet the requirement for alternative school.

This is due to House Bill 114, which became law on Sept. 1, 2023, requiring mandatory placement in a Disciplinary Alternative Education Program for any student caught vaping. This is a drastic punishment, and is another instance of the state’s politicians attempting to push their moral and religious beliefs onto Texans. 

Even the bill’s sponsor, Rep. Ed Thompson, R-Pearland, wasn’t particularly happy with how the law was crafted. Thompson said he’d originally introduced the measure to give schools flexibility over disciplinary measures for vaping. He’d heard that many teens were being sent to Juvenile Justice Alternative Education — a more severe disciplinary school — because of e-cigarettes.

Thompson’s bill was amended during the legislative process to include the extreme DAEP mandate.

The bill doesn’t specify how long students must attend DAEPs, so districts can make their own rules. If the district’s program is full, students can be placed in an in-school suspension.

DAEPs are for Texas students who have been removed from their regular classes for disciplinary reasons. Students are sent to DAEPs for violating the student code of conduct, committing a felony, or committing a series of severe offenses at school. 

The DAEP can be located on or off campus.

Since 1995, all Texas school districts have been required to have DAEPs as part of the Texas Safe Schools Act.

However, using DAEPs to penalize students has been controversial, primarily due to:

• Fewer resources than in traditional schools
• A more punitive approach to discipline 
• Potential adverse effects on students, such as lower academic achievement, social stigma, increased dropout rates, and increased involvement in the juvenile justice system 

Critics also say that using DAEPs to discipline students who vape don’t address the root cause of the issue, which is often addiction. 

Teen Vaping Statistics in Texas

More statistics from the 2023 Youth Electronic Cigarette Report:

• 21% of high school students and 10.2 percent of middle school students reported ever using e-cigarettes.
• 19.6% of white students reported ever using e-cigarettes, compared to 14.7% of Hispanic students, 11.8% of black students, and 17% of students reporting other race/ethnicities.
• 8.6% of middle and high school students reported using e-cigarettes in the past month. By school level, 5.6% of middle school students and 11.2% of high school students reported using e-cigarettes.
• 7.8% of males and 9.2% of female students reported use of e-cigarettes over the previous 30 days
• 10.5% of white students reported using e-cigarettes in the past month, compared to 8.1% of Hispanic students, 6.1% of black students, and 8.2%  of students reporting other races/ethnicities.
• 16.3% of high school students and 9.3% of middle school students had used conventional cigarettes.
• In Texas, 3.7% of high school students and 2.5% of middle school students reported using cigarettes in the past 30 days.