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 controlled substances schedules.

Texas is one of the many states which has legalized medicinal 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 leads to drug charges?

In this article, We will answer all these quesitions to guide you better using cannabis vape to avoid any potential legal penalties, especially for teenagers and students.

What are vapes or e cigarettes?

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

Vaping devices usually consist of a battery, a mouthpiece, a cartridge or chamber containing the e-liquid, and a heating component.

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

They come in plenty of shapes, sizes and flavours,  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 created by collecting resin gathered on the plant’s flowers. They can take several forms, ranging from a thick oil liquid to a hard glassy solid.

They are extracted from a cannabis plant using a variety of methods, including using pressure and heat to draw out the plant’s natural oils or using a chemical solvent like butane or alcohol.

Unlike regular marijuana flower, which on average contains from 15% to 25%, concentrates can contain THC levels that could range from 50% to over 90%.

Devices used to vape concentrated THC or CBD are similar to the nicotine e-cigarettes.

Is Vaping Legal in Texas?

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

In Texas, an individual must be at least 21 years old to legally buy or own tobacco products, including e-cigarettes or vape devices.

The only exception is you are 18 with a U.S. or state military ID card.

Is Weed Legal in Texas?

Cannabis is the most used psychoactive substance among adolescents. 

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

In Texas and federal law, recreational use of marijuana is still illegal. Depending on how much a person is in possession of, the consequences vary.

The Texas Health and Safety Code states that possession of marijuana two ounces or less is considered a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000.

Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

How Texas Defines THC Concentrates?

What’s worse is the penalties for THC concentrates are exceedingly more severe than simple marijuana possession.

PossessingTHC concentrates can lead to felony charges, which means prison.

That’s because THC is considered a penalty 2 drug, a classification that includes substances such as ecstasy and PCP.

A possession conviction could mean felony charges on your record. Even if you’re released or put on probation it’ll be difficult to gain employment or pursue educational opportunities.

The level of charges and degree of punishment for THC Concentrates possession are determined by the amount of the substance the person had:

Less than 1 gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000).

1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000).

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

More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000).

Fortunately, if the teen is under the age of 17, they will likely be prosecuted as a juvenile, where the focus is on rehabilitation rather than severe punishment.

If a person is convicted of manufacturing, delivering, or trafficking THC concentrates, the penalties will be much more severe.

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 includes THC.

Hemp Vapes (like CBD Vapes) as long as it contains no more than 0.3% THC, is legal to possess and regulated to sell in Texas.

However, Recreational vape pens utilizing THC are illegal in Texas. Unless you're prescribed a THC concentrate by a qualified physician, possession of any vapes with 0.03% of THC or more is illegal in Texas.

If you are under 21, It doesn’t matter if it’s nicotine, or Hemp (CBD), it’s against the law for a juvenile to vape or smoke an e-cigarette in the Texas.

There are horrible consequences for the possession, use, or delivery of hemp vape or nicotine e-cigarettes on or near a public school property or at certain school events.

Consequences may include class removal and being placed in a disciplinary alternative education program (DAEP) or being expelled from school.

Conclusion

Unlike many other states, Texas hasn't legalized recreational marijuana, It only has legalized medicinal marijuana.

Hemp vapes are legal in texas law with less than 0.3% THC, so they can be considered as e cigarettes.

But teens under 21 are illegal to use either nicotine e-cigarettes or hemp vapes, especially in school.

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

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