Hiring an attorney can be a heavy financial burden for numerous families. Legal expenses can escalate rapidly, and not all parents have the financial resources to afford legal representation. So if your child is caught with THC/Marijuana Vape Pens, what should you do?

The Rise of Vape Pens Among Youth

First, let’s take a look at the situation. A  U.S. Food and Drug Administration and the U.S. Centers for Disease Control and Prevention (CDC) study found that 2.55 million U.S. middle and high school students reported current (past 30-day) e-cigarette use in 2022, which includes 14.1% of high school students and 3.3% of middle school students. Nearly 85% of those youth used flavored e-cigarettes, and more than half used disposable e-cigarettes.

Legal Considerations

State-Specific Laws Regarding THC and Marijuana

Recreational marijuana in any form is illegal in Georgia, whether that is by smoking, vaping, topical products, food, or oil. This includes the THC oil in vape pens.

In Georgia, patients can only have 20 ounces of low-THC oil containing not more than 5% THC and an amount of CBD equal to or greater than the amount of THC. Products available include tinctures, capsules, topicals, and lozenges. No flower or vaping products are allowed, and edibles must have less than 0.3% THC. You can be charged with a misdemeanor if you violate this law.

The penalty for being caught with less than one ounce of marijuana is up to $1,000 in fines and/or a prison term of up to one year. The crime will also be classified as a misdemeanor. However, the penalty for being caught with greater than one ounce of marijuana will be classified as a felony, and the consequences will include fines and possible confinement between one and ten years in prison.

Potential Consequences for Minors

There could be underlying issues that led to a child’s involvement with a THC vape pen. Substance abuse, peer pressure, or mental health concerns may be contributing factors that require professional intervention. By involving an attorney, parents can gain access to resources and support networks that can address these underlying issues and help their child make positive changes.

The Role of an Attorney

Benefits of Hiring an Attorney

An attorney can provide valuable guidance and ensure that the child’s rights are protected throughout the legal process.

How an Attorney Can Mitigate Consequences

Attorneys can negotiate with prosecutors for reduced charges or alternative sentencing options, such as diversion programs or counseling, which may be more beneficial for the child’s future.

Understanding Juvenile Court

In recent years, there has been a growing understanding that the juvenile justice system should prioritize remediation over punishment. This shift in approach recognizes the unique needs and potential for rehabilitation among young offenders. The goal is to provide them with the necessary tools and support to reintegrate into society as productive citizens.

While accountability remains an important aspect of the juvenile justice system, the shift towards remediation recognizes that punishment alone is not enough to address the complex needs of young offenders. By investing in evidence-based programs and interventions, society can help break the cycle of crime and create a safer and more inclusive future for all.

Weighing the Costs and Benefits of Hiring an Attorney

The cost of hiring an attorney can be a significant burden for many families. Legal fees can quickly add up, and not all parents have the financial means to hire representation. But having a legal professional in your corner can make a difference in the outcome of your child’s case.

Final Thoughts for Parents

As the use of THC vape pens among teenagers continues to rise, parents are faced with a difficult decision: should they hire an attorney if their child is caught with one? This pressing question has sparked a debate among experts, with compelling arguments on both sides. Stewart Melvin & Frost attorney Canon Snow is experienced in representing families in juvenile court. He can be a great resource for families.