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  • Brian Foley

Conroe Criminal Defense Attorney - Vape Pens at The Woodlands High School

Conroe Criminal Defense Attorney - Vape Pens at The Woodlands High School

Conroe Criminal Defense Attorney - Vape Pens at The Woodlands High School
Conroe Criminal Defense Attorney - Vape Pens at The Woodlands High School

Arrests for THC Vape pens at The Woodlands High School are prosecuted by the Montgomery County District Attorney's Office. No matter if you have a delta-8 delta-10 or THC-A vape pen, if you are over the age of 17 you will be tried as an adult and arrested and taken to the Montgomery County Jail. Once someone has been arrested and taken to the jail you must wait to see if they have been booked in. Once they are booked into jail their mugshot and information will appear on the Montgomery County Jail Roster. The jail roster is a centralized location that informs you of the name of the person arrested, their age, address, the name of the charge, and the amount of the bond. The bond amount only comes after they have been to magistrate court or had their article 15.17 hearing in front of the judge. See below for more information about the Article 15.17 hearings.

The next step for a 17 year old arrested in Montgomery County for a THC Vape pen at the Woodlands High School is to bond out of jail and receive a court date. The court appearance will be for at least a state jail felony. Here is a chart which shows the various ranges of punishment ranges for Penalty Group 2 substances like a THC vape pen.


Gram Amount

Prison Term


State Jail Felony

Less than 1 gram

180 days to 2 years

Up to $10,000

Third-Degree Felony

1 gram to less than 4 grams

2 to 10 years

Up to $10,000

Second-Degree Felony

4 grams to less than 400 grams

2 to 20 years

Up to $10,000

First-Degree Felony

400 grams or more

5 to 99 years or life imprisonment

Up to $50,000

When you get a court date for the felony court you will be placed on bond conditions and have to report to the adult probation department in downtown Conroe. You will then have to pay a monthly fee to be supervised and be required to do drug testing while the case is pending. This happens for every person charged with a felony in Montgomery County. There are no exceptions for individuals 17 and older.

The charges can be very serious but with the help of an attorney we often get clients like this case into a position where there is no conviction on their record long term. Every case is different and results can vary but if you do not have criminal history and have been arrested for this offense in Conroe or The Woodlands Texas an attorney with Brian Foley Law PLLC can help. Call now. 936-596-0407

Texas Penal Code Art. 15.17: Duties of Arresting Officer and Magistrate Summary

General Procedure:

  • Timely Presentation: Arresting officers must present the arrested person to a magistrate without unnecessary delay, within 48 hours.

  • Magistrate’s Responsibilities: Inform the arrested person of their rights (including the right to counsel, remain silent, have an attorney present, terminate interviews, and request an examining trial).

  • Appointment of Counsel: If the arrested person is indigent, the magistrate must assist in requesting counsel and appoint counsel if authorized.

Specific Scenarios:

  • Mental Illness or Intellectual Disability: Magistrates must follow special procedures if there’s credible information suggesting the person has a mental illness or intellectual disability.

  • Misdemeanor Cases: For misdemeanors punishable by fine only, the magistrate can release the accused on a personal bond with a written order to appear later. Failure to appear results in an arrest warrant.

  • Deaf Individuals: An interpreter must be provided for deaf individuals to understand their rights and charges.

  • Unlawful Arrest: If an arrest is determined to be unlawful, the magistrate must release the person. If lawful, the person is considered a fugitive from justice.

Record Keeping:

  • A record of the magistrate’s communication with the arrested person must be made and preserved until the end of the pretrial hearing or for a specified period, depending on the charge (91 days for misdemeanors, 120 days for felonies).

  • Records can include written forms, electronic recordings, or other documentation. Defendants can obtain copies, either by paying a fee or for free if indigent.

Appearance via Citation:

  • When a person appears before a magistrate due to a citation, the magistrate must perform the same duties as if the person was arrested. If the person fails to appear, a warrant for their arrest is issued.

This provision ensures that arrested individuals are promptly informed of their rights and provided with necessary legal assistance, while maintaining proper records of these proceedings.

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