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  • Writer's pictureBrian Foley

How can I be arrested when I bought my vape at a store? Montgomery County Texas Criminal Defense Attorney

How can I be arrested when I bought my vape at a store? Montgomery County Texas Criminal Defense Attorney.

The answer is that in Texas and specifically Montgomery County, the police base arrests for THC based products under penalty group 2 of the Health and Safety Code and they believe they have probable cause even when they don't have a percentage of THC chemical test result on the side of the road.

Hey there, I'm Brian Foley, a criminal defense lawyer based in The Woodlands, Texas, serving Montgomery County and beyond. Today, I want to delve into a pressing issue that's affecting many individuals in our community: possession of a controlled substance penal group 2 (CSPG2), particularly in the context of vape products.

If you've ever perused the Montgomery County Jail roster website, you might have come across the code "PCS CSPG2." This refers to the Texas Health and Safety Code, specifically the section concerning Penalty Group 2 substances. Among these substances are familiar names like ecstasy and methamphetamine, but one of the most commonly encountered ones is tetrahydrocannabinols (THC).

Now, you might wonder why THC is listed under Penalty Group 2 when there's already a possession of marijuana law in place. Well, it comes down to the distinction between various forms of cannabis. In Texas, anything derived from the Cannabis sativa L plant with less than 0.03% THC content is classified as Industrial Hemp, which is legal. However, THC itself, especially in concentrated forms found in vape pens and edibles, remains illegal.

One question that often arises is whether individuals can be arrested for possession of these substances on school grounds. Unfortunately, the answer is yes. Both juveniles and adults can face consequences for possessing vape pens containing THC, with potential penalties ranging from two years in a state jail facility to life in prison, depending on the circumstances.

But what if you bought the vape pen from a store? It's a common misconception that purchasing from a store exempts you from legal repercussions. While stores may have certain regulations to follow, these rules don't shield consumers from prosecution. Law enforcement agencies are targeting individuals, not just vendors, in their efforts to combat substance misuse.

As a parent or guardian, it's essential to educate young people about the risks associated with vaping. In Montgomery County and similar areas, law enforcement often assumes that vape pens contain THC, leading to arrests and legal proceedings, regardless of the actual THC content. Therefore, it's wise to steer clear of such products altogether to avoid potential legal entanglements.

If you or someone you know has been arrested for possessing a vape pen or has questions about the legal implications, seeking legal counsel promptly is crucial. As experienced defense attorneys, we can provide guidance and representation to navigate the complexities of the legal system.

In conclusion, understanding the nuances of possession laws regarding controlled substances is vital for everyone's well-being. By staying informed and making informed choices, we can work towards creating safer communities for ourselves and future generations. If you're in need of assistance or information, don't hesitate to reach out. Your legal rights and freedoms matter, and we're here to help you protect them.



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For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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