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Miles Leon poses for a portrait inside his home on Saturday, Dec. 3, 2022 near Bulverde, TX. Leon was caught using a vape pen police say had THC but Leon claims had Delta-8. Leon could be charged with a felony for possession if tests show it was THC as a 17 year old in Texas Leon would be charged as an adult.
Juvenile Justice

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.


Various Delta 8 THC products at a Valero station on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)
Various Delta 8 THC products at a Valero station on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)
Various Delta 8 THC products at a Valero station on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)
Miles Leon and his parents Amy and Oveimar pose for a portrait inside his home on Saturday, Dec. 3, 2022 near Bulverde, TX. Leon was caught using a vape pen police say had THC but Leon claims had Delta-8. Leon could be charged with a felony for possession if tests show it was THC as a 17 year old in Texas Leon would be charged as an adult.

Hazy legality

A law and order approach

Comal County Sheriffs Deputy Shawn Trevino gives a presentation during a community meeting about vaping and drug use at Smithson Valley High School on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)
A student holds up a pen they were given during a community meeting about vaping and drug use at Smithson Valley High School on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)
Community members listen to a presentation durng a community meeting about vaping and drug use at Smithson Valley High School on Thursday, Feb. 9, 2023 in Spring Branch TX. Delta 8 products are currently legal in Texas due to its low amount of THC but often the amount of THC is not tested and simply possessing THC products can be enough to be arrested and charged with possession. (Sergio Flores for The Texas Tribune)
Miles Leon poses for a portrait inside his home on Saturday, Dec. 3, 2022 near Bulverde, TX. Leon was caught using a vape pen police say had THC but Leon claims had Delta-8. Leon could be charged with a felony for possession if tests show it was THC as a 17 year old in Texas Leon would be charged as an adult.

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