Fort Worth, TX asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas

Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

2 Lawyer Answers
Jim  Butler
Jim Butler pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana but they probably would have already done that. The school could suspend you and put you in an alternative school . I know they like to do that sort of thing here in Houston where I practice law.

School is confusing enough without vape, and you are so young. Vape adds a whole other layer of stress and potential addiction to nicotine that you don't need.

This is from the Texas Comptrollers Office - "It is illegal in Texas for a person younger than 21 to possess, buy, consume or accept cigarettes, e-cigarettes or other tobacco products. It is also a crime to falsely represent oneself to be 21 years of age or older by displaying proof of age that is false, fraudulent or not actually proof of the individual's own age in order to obtain, purchase or receive cigarettes, e-cigarettes or tobacco products. (Health & Safety Code, Section 161.252)

The Penalties:

Violators may be fined up to $100. Exceptions apply if the minor is in possession or receipt of cigarette, e-cigarette, or tobacco products – while in the presence of an employer – in the performance of required job duties as an employee or in the course of supervised law enforcement activities. Violators receive a suspended sentence but must attend a tobacco awareness program or perform community service if no such program is available locally. A court may also require the minor’s parent to attend the tobacco awareness program. Upon completion of the program or service, the fine may be reduced by up to 50 percent, the charge dismissed or the violation expunged from the minor's record depending on certain circumstances."

So there you go. If they charge you with violating the law, you have to take a tobacco awareness class, and pay a fine, and later this thing can be wiped clean from your record. I hope this information helps and I really do wish you the best.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Facing charges for possession and possibly for selling items on school property as a minor can be a serious matter, especially in Texas. The specifics of what you're facing depend on the nature of the disposables and the local laws regarding their possession and distribution on school grounds.

If the disposables are related to vaping or substances prohibited for minors, you could be facing disciplinary action from your school, including suspension or expulsion, as well as legal consequences. Being accused of selling, regardless of the actual substance, elevates the severity of the charges.

Texas law treats offenses on school property seriously, and consequences can vary widely, from participation in a diversion program designed to educate and rehabilitate, to more severe penalties under the juvenile justice system.

Given your age, your case would likely be handled in the juvenile justice system, which aims to focus on rehabilitation rather than punishment. However, the specifics would depend on the details of your case, including any prior offenses.

It is crucial to discuss this matter with your parents or guardians and seek legal representation. An attorney can provide guidance tailored to your situation, help navigate the legal system, and work towards the best possible outcome. Remember, the goal is to address the issue responsibly while minimizing the impact on your future.

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