Felony Charges for Vaping THC: Is your Child at Risk?

December 17, 2019

There is no denying the popularity of vaping products in recent years. But what is more alarming, is the rise in El Paso teenagers using these products to ingest THC oil. Not only does this pose a significant health risk, but your child can face a felony charge if they vape and/or possess THC oil.


View attorney Omar Carmona commenting about how this impacts
kids in our community in this KFOX Interview.


What is THC?

THC (Tetrahydrocannabinol) oil is made from the marijuana (cannabis) plant and usually appears as a thick and sticky oil with a golden or brown color. A vaping device is used to heat the THC oil into a vapor which is inhaled by the user. Many vaping devices are small and can be easily mistaken for common household items such as a pen or USB device.


Juvenile Cases on the Rise

According to a news release by the Paso del Norte Health Foundation in partnership with the El Paso Behavioral Health Consortium, “In 2017, the County of El Paso Juvenile Probation Department reported 16 cases of juveniles between the ages of 10 and 16 caught in possession of THC. That number increased in 2018 to an alarming forty (40) cases. As of December 3, 2019, the Juvenile Probation Department reports a frightening two hundred forty-eight (248) cases for the 2019 calendar year!”


What are the Legal Consquences?


If you are caught with THC oil and are OVER 17 years of age, it’s possible you may face:

  • 180 days of jail time for less than a gram
  • 2-10 years for one to four grams (A standard TCH cartridge is typically one gram)


If you are caught with THC oil and you are UNDER 17 years of age, it’s possible you may face:

  • Detainment
  • Probation
  • 5:00 PM Curfew
  • House Arrest
  • Electronic Ankle Monitoring
  • Intensive Supervised Probation
  • Commitment to the Texas Juvenile Justice Department
  • Residential Treatment Center
  • In some cases, parents may also be charged and punished


Future Risks

It’s important for both parents and children to be aware of the risks involved in this situation. Vaping THC not only affects your physical health, but the legal consequences if caught for possession of THC can affect future employment, residency status, college acceptance, scholarship applications, military recruitment and Section 8 Housing eligibility.


How We Can Help

If your child is facing a felony charge for THC possession or any type of related offense, it’s important to reach out to an experienced juvenile criminal defense lawyer as soon as possible. In many cases, we have been able to seal a juvenile’s record so that he or she can have the best chance at a successful future. Call us at (915) 225-1555 to schedule your free consultation.


Posted by CLM Law Firm
Photo Credit: Thomas Stephan on Unsplash