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OK, I am confused. Is it the ecig device that is illegal for minors to have or is it the nicotine liquid? The device

Lewisville, TX |

Only burns the liquid that comes in nicotine and non nicotine form. If a minor has ecig with non nicotine liquid how is that illegal ? there is no tobacco at all

Attorney Answers 3

Posted

From what I can tell the law here has failed to come up with a good answer to this question. But from the statutes it appears that it is illegal for a minor to posses, consume, etc. a "tobacco product." Tobacco product includes tobacco substitute. In negotiations I would argue that this is not a tobacco substitute, but I was unable to find a quick definition. I think its a good argument but I can't guarantee its success. Hope this helps.
P.S. this is the link to all of Texas's tobacco statutes. http://www.dshs.state.tx.us/tobacco/laws.shtm

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Posted

I agree that possession of an e-cig without the liquid appears not to be a criminal offense. The liquid is a "tobacco product," but the e-cig meets neither the definition of cigarette nor tobacco product. I think it is analogous to possessing a pipe with no tobacco. However, I would not be surprised to see some Judges interpret the law differently. Also, this does not mean that a minor has a right to purchase the e-cig. It just means that a minor in possession of one may or not be subject to criminal penalties.

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3 lawyers agree

Posted

I agree with my colleagues. The device is not illegal for minors to possess, per say. By itself, with no substance to smoke, then one should be ok. However, all forms of tobacco and tobacco substitutes are illegal for minors to possess.

My answers are not intended as anything more than an educational response to generic questions posted on this site.

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