In a Central Texas county, high schoolers are jailed on felony charges for vaping what could be legal hemp

Police often can’t tell if a cannabis vape pen is derived from marijuana or legal hemp, like the delta-8 products on display in gas stations across Texas. That doesn’t stop them from making felony arrests in high schools.

By Jolie McCullough, Texas TribuneFebruary 27, 2023 11:30 am, , ,

From the Texas Tribune:

The interior of a convenience store is seen looking towards the sliding doors leading outside. Next to the doors is a tall glass case with dozens of vape products on its shelves.

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Delta-8 THC products are available for purchase at a Valero gas station on Feb. 9 in Spring Branch. The products are legal to purchase in Texas by adults ages 21 and up.

Three people are seen seated on a couch facing towards the camera. From left to right is teen Myles Leon and his mother Amy and father Oveimar.

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Hazy legality

An officer is seen speaking into a microphone in front of a large screen on which a presentation is projected. The image on the screen has the headline

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Cpl. Shawn Trevino warns parents about illegal vape products at school during a community meeting about vaping and drug use at Smithson Valley High School in Spring Branch on Feb. 9. He did not mention delta-8.

A law and order approach

A student holds up a pen they were given during a community meeting about vaping and drug use at Smithson Valley High School.
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Myles inside his bedroom on Dec. 3. “I get I had to face the consequences, but I feel like it’s a little severe,” he said.
Sergio Flores for The Texas Tribune