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 from making felony arrests in high schools.
BY JOLIE MCCULLOUGH FEB. 22, 20235 HOURS AGO
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SPRING BRANCH — When kids walk into the gas station near the high school in this rural stretch north of San Antonio, they come face to face with Texas’ booming market in psychoactive hemp derivatives.
Just inside the door, a glass cabinet entices shoppers to a smorgasbord of fruity and doughnut-flavored vape pens dressed in vibrant, shiny packaging. The store, like many across Texas, is promoting its collection of delta-8 and other new strains of purportedly legal tetrahydrocannabinol, or THC, the mind-altering part of the cannabis plant.
Any adult over age 21 can buy the vapes at this Valero. But if the Comal Independent School District catches one of its students down the road at Smithson Valley High School with a pound cake-flavored vape, they may end up in county jail, facing felony charges that would follow them the rest of their life.
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.
And since sheriff's deputies assigned to the schools often can tell if a vape pen contains THC, but not whether it’s delta-8 or the illegal delta-9 cannabis oil, they assume the worst, slap on the cuffs and leave it for someone else to figure out.
That’s what happened to