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 from making felony arrests in high schools.
Myles Leon, 17, was arrested and taken to the Comal County Jail for using a vape pen at school. Although police cant tell whether the pen is derived from marijuana or legal hemp, Myles could be charged with a felony., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
School officials and local law enforcement are attempting to stymie the sometimes dangerous youth vaping craze by drawing a hard line. Students are offered $100 for anonymously reporting classmates with THC vape pens to the police. But delta-9 THC, the most prolific psychoactive compound in marijuana cannabis plants, remained illegal in Texas in concentrations higher than 0.3%. Vape pens with marijuana-derived extracts are legal in many states, like New Mexico and Colorado, but not in Texas, and the criminal punishments for such derivatives are harsher than for marijuana.
A coach walked in while Myles had the pen in his hand and ushered him into the principals’ office, he said. The pen was unlabeled, as many are, but sported a cannabis leaf symbol, so school officials brought in the sheriff’s deputies. Police field test kits, like those used by the Comal County sheriff’s office, can quickly flag if vape oil likely contains THC, but not whether it’s derived from legal hemp or illegal marijuana.
“I get I had to face the consequences, but I feel like it’s a little severe,” he said quietly. “I know since I’m underage it’s not legal for me, but I know if I was of age and I wasn’t on school it probably would be legal for me.” “These are real criminals committing actual hard crimes,” he said. “And I’m just there because I was smoking at school.”
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