Texas Vape Laws 2023 Punishes Students Vaping In Public Schools

New Law In Texas Punishes Students Vaping In Public Schools

E-cigarettes include many different kinds of tobacco products that come in different sizes and styles. Some look like traditional cigarettes, cigars, or pipes, while others look like writing pens, highlighters, USB sticks, or other everyday items with a modern, sleek design. Also, the bigger devices, which are called “tank systems” or “mods,” look very different from traditional tobacco products.

To make a vapor, these e-cigarettes heat a liquid that usually contains nicotine, flavorings, and other additives. This liquid is used in these devices. It is often called “e-juice,” “e-liquid,” “vape juice,” or “vape liquid.” Aerosol from the e-cigarette is breathed in by the user, and onlookers can accidentally breathe in the aerosol when the user blows it out into the air. It’s important to know that e-cigarettes can also be used to take drugs like weed and others.

In 2018, just a decade after vaping devices came out on the market, the alarming rise of vaping among teens hit an epidemic level. Some teens got serious lung diseases soon after they started vaping, while others got burns, had seizures, and felt the effects of being addicted to nicotine. More than 2,700 people have been admitted because vaping hurt their lungs. Even though the risks are clear, vaping is becoming more popular, with an estimated 5,700 young people starting to vape everyday raising concerns among parents, educators, health workers and the government.

Texas Vape Laws 2023

In a bold move to combat the ongoing issue of vaping among students, legislators have recently passed House Bill 114, Texas 2023 set to be enforced from September 1. This legislation aims to get stricter with consequences for students caught with vaping devices on school grounds.

The rationale behind this decision? Well, it’s no secret that vaping has become somewhat of an epidemic among Texas youth, despite concerted efforts to reverse the trend. To address this growing concern, local school authorities have thrown their support behind HB 114, or Texas vape laws 2023, believing it holds the key to keeping our kids safe.

So, what does House Bill 114 entail? Simply put, the appropriate punishment for vaping mandates that any public school student caught with vaping paraphernalia on campus will face temporary placement in alternative schooling. In the Lone Star State, these alternative programs are known as Disciplinary Alternative Education Programs.

According to one concerned school official, there has never been an instance where vaping is allowed in schools. However, catching students in the act of vaping has become increasingly challenging as students are concealing them in everyday items like highlighters and markers.

Vaping Issue In Public Schools

When it comes to vaping in schools, understanding the behavioral challenges it poses to students is crucial. Teenagers who regularly vape have shared some common experiences, shedding light on the issues they face.

For starters, many of them find themselves grappling with nicotine withdrawal symptoms while at school, often confusing these sensations with anxiety or stress. What’s surprising is that some of these students turn to vaping in an attempt to manage their mental well-being, not realizing that the stress they feel is intricately tied to their nicotine addiction.

Additionally, the urge to satisfy their cravings leads some students to sneak out of their classrooms discreetly, disrupting their educational focus and potentially impacting their academic performance. Vaping can also be a significant distraction in the classroom, making it challenging for students to concentrate on their studies. Furthermore, the need to hide their vaping devices and habits while on school premises adds an extra layer of stress to their daily routine.

Statistics On The Prevalence Of Vaping Among Students

More than a quarter (27.5%) of high school students reported vaping at least once in the preceding month, and almost 1 million reported vaping daily, according to statistics from the Centers for Disease Control and Prevention in 2019. More than 5 million American youths regularly use e-cigarettes. Concerning statistics about vaping rates and health repercussions are greatly enriched by the perspectives and experiences of educators.

The National Institute on Drug Abuse’s annual study found that while the use of traditional cigarettes among adolescents has been dropping for more than four decades, the use of e-cigarettes has increased. The percentage of vaping high school seniors increased from 11% in 2017 to over 21% in 2018. 

Health Risks Associated With Vaping

Nicotine, the addictive ingredient found in traditional cigarettes, cigars, and other tobacco products, is contained in most vapes. Ninety-nine percent of e-cigarettes sold across the United States contained nicotine, according to a CDC research. There have been cases where vape liquids advertised as nicotine-free were found to actually contain nicotine, and certain labeling on vape products may not reveal the presence of nicotine.

The brain continues to mature until about the age of 25, making nicotine a risk for adolescents. Adolescent nicotine use is associated with changes in brain areas that control attention, learning, mood regulation, and impulse control. The brain strengthens the connections between its cells (synapses) whenever a new memory is formed or a new ability is learned. The establishment of new synapses occurs more rapidly in young people and is affected by nicotine in different ways than in adults. Adolescent nicotine use may also increase vulnerability to developing addiction to other substances.

It’s important to remember that young people’s reliance on vaping as a means of coping with stress or anxiety can lead to a vicious cycle of nicotine addiction, despite the fact that nicotine addiction can exacerbate such feelings. Young people who smoke, whether electronic cigarettes or conventional tobacco ones, are more likely to experience negative psychological effects.

What Happens If You Get Caught Vaping At School?

The new vape laws or House Bill 114, which takes effect on September 1, 2023, imposes harsher punishments for vaping occurrences in Texas schools. Students who are caught using electronic cigarettes to ingest nicotine or THC on school grounds will face more severe appropriate punishment for vaping, including being moved to an alternate school, under this rule. This indicates a step up in penalty, which was formerly reserved for more serious offenses.

Previously, children who were detected with vaping devices containing THC, the active component of marijuana, faced expulsion from the regular classroom environment. The new legislation, however, broadens these penalties to cover all sorts of vaping devices. Students caught with any type of vaping equipment will now face out-of-school programs, with minimum terms of 10 days and the possibility of up to 25 days for non-THC devices, and punishments ranging from 45 to 90 days for THC devices.

It’s worth noting that the legislation requires students to be removed even if it’s their first infraction, with no chance of appeal. In contrast, tobacco-related issues are often addressed at the school level.

Is It Illegal To Own A Vape Under 21?

What is the legal age to vape? On December 20, 2019, federal law called the Tobacco/Vapor 21 Law went into effect, limiting the sale of tobacco and vapor products to those under the age of 21. The FDA has verified that the aforementioned law became effective on the given date. States are free to keep their current age restrictions in place, but doing so could jeopardize their eligibility for federal funds.

Sale of tobacco and vapor products to anybody under the age of 21 is already illegal in Texas. This includes juveniles and young adults. The legal age to vape applies to adults serving in the military forces and those born prior to August 31, 2001 are exempt from this rule.

What To Do If Your Child Is Arrested For Possession?

A vape pen or electronic cigarette used to inhale tobacco products carries a maximum fine of $100 if found in the possession of a minor. Your youngster may face juvenile drug charges if the vape pen tests positive for any amount of THC, whether it be from marijuana or another substance. Regrettably, this could result in a Class C misdemeanor, which carries penalties of up to $500 in fines plus probation or other rehabilitative requirements.

Once a person in Texas reaches the age of 21, they are eligible to file for expungement of their vape pen possession conviction. More serious are charges like THC possession or the possession of other drug paraphernalia.

We recommend that you consult with a lawyer who specializes in juvenile issues to ensure that your child’s future is not jeopardized by any charges he or she may face. If dispute resolution methods fail, an attorney can assist you in bargaining with the school board and representing you in court. Given the potential legal ramifications, this proactive posture can be invaluable.


In conclusion, the state of Texas is serious about protecting the health of its pupils by enforcing tighter vaping rules in public schools beginning in 2023. These rules are meant to safeguard young people from the potential health dangers of e-cigarette usage and to reduce the worrisome trend of vaping among young people. Texas has made it clear that it will not allow underage vaping in its educational institutions by enforcing fines for pupils who vape on school grounds.

More than just a deterrent, these regulations give students a chance to learn about the risks and legal ramifications of vaping. Together, parents, schools, and communities can help students make more well-informed decisions about their health.


If you are under 18 and found vaping in Texas, you could get fines, have to go to classes, or even have to do community service. The consequences can be different based on the laws in your area and the school’s rules.

When people vape, they may become addicted to nicotine, have bad health effects, or get in trouble with the law, especially if they are underage. It’s important to know about both the health risks and the possible law consequences.

If you are under 21 and found with a vape in Texas, you may have to pay a fine and go to court. People under 21 are breaking the law if they have tobacco or vape goods in their possession.

Depending on how old you are and what’s going on, vaping can get you fines, education classes, probation, or even criminal charges in Texas. To stay out of trouble with the state, it’s important to know what the rules are in your area.



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