Are hemp vapes considered e-cigarettes in Texas?

The 2018 Farm Bill defines “hemp” as cannabis with a THC concentration of less than 0.3% by dry weight and removes it from the federal lists of controlled substances.

Texas is one of the many states that have legalized medical marijuana. And it allows the use of e-cigarettes and vape pens.

So are hemp vapes considered e-cigarettes in Texas? Does possession of hemp vapes, THC vapes and other cannabis products lead to drug crimes?

In this article, we will answer all of these questions to help you use cannabis vaping and avoid potential legal penalties, especially for teenagers and students.

What are vapes or e-cigarettes?

Vapes, or e-cigarettes, are battery-powered devices that people use to inhale a vapor-like aerosol that typically contains nicotine, PG, VG, flavorings, and other chemicals.

Vaping devices typically consist of a battery, a mouthpiece, a cartridge or chamber that contains the e-liquid, and a heating component.

When you inhale through the mouthpiece, the battery powers the heating element. The heat converts the liquid or dry material into vapor.

They come in many shapes, sizes and flavors and can look like traditional tobacco cigarettes, cigars, pipes and everyday items like flash drives or pens.

What are weed vapes?

In some cases, vaping devices can be filled with the dried herb, but usually contain a THC or CBD concentrate.

Marijuana concentrates are made by collecting resin that accumulates on the flowers of the plant. They can take various forms, from a thick oily liquid to a hard, glass-like solid.

They are extracted from a cannabis plant using various methods, including using pressure and heat to strip the plant of its natural oils or using a chemical solvent such as butane or alcohol.

Unlike regular marijuana flowers, which average 15 to 25%, concentrates can contain THC levels ranging from 50 to over 90%.

Devices for vaporizing concentrated THC or CBD are similar to nicotine e-cigarettes.

Is e-cigarettes legal in Texas?

E-cigarettes are the most commonly used tobacco product among U.S. youth.

In Texas, a person must be at least 21 years old to legally purchase or possess tobacco products, including e-cigarettes or e-cigarettes.

The only exception is if you are 18 years old and have a US or state military ID.

Is weed legal in Texas?

Cannabis is the most commonly used psychoactive substance among adolescents.

In Texas, medical use is only permitted in the form of low-THC cannabis oil, with less than 1% THC with a doctor's approval and less than 0.3% THC without.

Recreational use of marijuana is still illegal under Texas and federal law. Depending on how much a person owns, the consequences vary.

The Texas Health and Safety Code states that possession of two ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.

However, several of the state's large municipalities have implemented reforms to impose lighter penalties or limit enforcement.

How does Texas define THC concentrates?

What's worse is that the penalties for THC concentrates are far harsher than for simple possession of marijuana.

Possession of THC concentrates can lead to criminal charges and therefore a prison sentence.

That's because THC is considered a Penalty 2 drug, a classification that includes substances like ecstasy and PCP.

A conviction for possession could mean you will be charged with a crime. Even if you are released or placed on probation, it will be difficult to find employment or pursue educational opportunities.

The level of charge and penalty for possession of THC concentrates depends on the amount of the substance the person had:

Less than 1 gram: Felony in state prison (6 months – 2 years in state prison and a fine of up to $10,000).

1 to 4 grams: 3rd degree felony (2 – 10 years in TDCJ and a fine of up to $10,000).

4 to 400 grams: Felony of the 2nd Degree (2 – 20 years in TDCJ and a fine of up to $10,000).

More than 400 grams: Felony of the 1st degree (5 to 99 years or life in the TDCJ and a fine of not more than $50,000).

Fortunately, if the teenager is under 17, they will likely be prosecuted as a juvenile, with an emphasis on rehabilitation rather than severe punishment.

If a person is convicted of manufacturing, supplying or trafficking THC concentrates, the penalties are much harsher.

Are hemp vapes considered e-cigarettes in Texas?

Texas allows the use of e-cigarettes and vape pens. However, the situation changes when a smoking or vaping device contains THC.

Hemp vapes (like CBD vapes) are legal to possess and sell in Texas as long as they contain no more than 0.3% THC.

However, recreational vape pens containing THC are illegal in Texas. Unless you have been prescribed THC concentrate by a qualified doctor, possession of e-cigarettes with 0.03% THC or more is illegal in Texas.

If you are under 21, it doesn't matter whether it is nicotine or hemp (CBD), it is against the law for a teenager in Texas to vape or smoke an e-cigarette.

Possessing, using, or dispensing hemp vapes or nicotine e-cigarettes on or near public school grounds or at certain school events has dire consequences.

The consequences may include the child being removed from the classroom and placed in a disciplinary alternative education program (DAEP) or expelled from school.

Diploma

Unlike many other states, Texas has not legalized recreational marijuana, only medical marijuana.

Hemp vapes are legal under Texas law with a THC content of less than 0.3% and can therefore be considered e-cigarettes.

However, teenagers under 21 are prohibited from using nicotine e-cigarettes or hemp vapes, especially at school.

Possession of THC vape pens and other cannabis products often leads to drug offenses, and a conviction carries harsh legal consequences.

It is important for teens to know the legal consequences of vaping and to avoid using it in school.