In response to the rise in THC vape pen violations on school grounds in DeSoto, Texas, local law enforcement has launched a series of new measures to address the issue. The DeSoto Police Department has outlined an awareness campaign and clarified the legal implications and punishments associated with such infractions, as outlined in a recent post on their official Facebook page. Warnings have been issued regarding the potency of THC products in vape pens and the unpredictable quality of these unregulated market products, which can include hazardous chemicals. The department strongly advises parents to discuss the potential dangers with their children.
The legal consequences are stark. Under Texas Health & Safety Codes 481.103 and 481.134, possessing a THC Vape Pen is defined as a 3rd Degree Felony if found in drug-free zones such as near institutions of higher learning, youth centers, or playgrounds. An update in the law, effective since September 1, 2023, stipulates that students caught with vapes within 300 feet of school property are to be referred to a disciplinary alternative education program (DAEP). This came as part of House Bill 114's efforts to curtail the growing number of vape-related incidents at schools.
Enforcement differs depending on the age of the violator. Individuals 17 and older will be taken into custody and processed at the DeSoto City Jail. Those between the ages of 14 and 16 are detained and taken to the DeSoto Police Department Juvenile Holding Area, to be released later to a parent or guardian. In cases where the younger offenders, aged between 10 to 13, are involved, they are held in the principal's office until a parent or guardian is notified and can pick them up, with subsequent charges filed for prosecution.
