Teen Vaping Charges: School Discipline vs. Criminal Prosecution in California

Teen Vaping Charges: School Discipline vs. Criminal Prosecution in California

Law Office of Katie Walsh

November 6, 2025

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When a teenager is caught vaping in Orange County, parents face critical questions about potential consequences. At the Law Office of Katie Walsh, we help families understand whether their child faces school discipline, criminal charges, or both. As an Orange County juvenile defense lawyer, Katie Walsh handles the complicated intersection of education law and juvenile justice.

Understanding California’s Vaping Laws for Minors

California treats vaping devices as tobacco products under Business and Professions Code Section 22950.5. While possession alone isn’t criminal, using a vaping device triggers legal consequences. Vaping is prohibited wherever smoking is banned, including schools, healthcare facilities, vehicles with minors, and public transportation.

Orange County schools increasingly involve law enforcement even for first-time offenses, making legal representation crucial when your teen faces vaping allegations.

School Discipline for Teen Vaping in Orange County

Under California Education Code Section 48900, schools can suspend or expel students for tobacco product violations. However, Section 48900.5 encourages alternatives to suspension for first-time, non-dangerous offenses.

Typical school discipline includes:

One to five-day suspensions
Mandatory parent conferences
Counseling or tobacco education programs
Expulsion recommendations for serious or repeat offenses

Students with prior disciplinary issues or those caught with THC vapes face harsher penalties. An Orange County juvenile defense attorney can represent students at expulsion hearings, challenge evidence, and negotiate alternatives like diversion programs instead of expulsion.

When Teen Vaping Leads to Criminal Charges in California

Criminal charges arise when teens:

Using Fake Identification: Teens who use fake IDs to purchase vaping devices face criminal charges beyond simple possession.
Theft of Vaping Products: Stealing vaping products from stores can result in petty theft or shoplifting charges.
Marijuana or THC Possession: Possessing marijuana or THC vapes escalates charges to controlled substance violations.
Distribution to Other Students: Selling or distributing vaping products to other minors can lead to serious criminal consequences.
Vaping in Restricted Areas: Using vaping devices in vehicles with younger children present violates California Health and Safety Code.

Under Penal Code Section 272, adults providing vaping devices to minors face contributing to delinquency charges.

First offenses typically result in:

Fines starting at $100
Mandatory tobacco education classes
Community service hours

However, cases involving controlled substances can escalate to misdemeanor or felony possession charges. A skilled juvenile defense lawyer protects your child by negotiating diversion programs, challenging illegal searches, and arguing for reduced charges.

Protecting Your Teen’s Future After a Vaping Violation

Vaping charges carry lasting consequences affecting college applications, employment opportunities, professional licensing eligibility, and financial aid. The Law Office of Katie Walsh minimizes these impacts through rehabilitation-focused advocacy. Katie Walsh’s background as a former prosecutor provides unique insight into negotiating favorable outcomes with school administrators and prosecutors.

Contact an Orange County Juvenile Defense Lawyer for Teen Vaping Charges

If your teenager faces vaping-related charges in Orange County, early intervention is critical. The Law Office of Katie Walsh provides aggressive representation for juveniles throughout Orange County. Our experienced juvenile defense attorney protects your child’s rights in both school discipline proceedings and criminal court.

Don’t let a vaping incident derail your child’s future. Call (714) 351-0178 today for a free consultation, or contact us online to discuss your case with a dedicated Orange County juvenile defense lawyer.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester after he catches up with his classes. The...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the expungement was not automatic, she was...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything would be Ok- and it was. The judge...

CT, parent of juvenile client

My child was charged with Felony Penal Code 597(a)- Animal Cruelty. After hiring Katie Walsh, she got the charges reduced to a misdemeanor, counseling, and 40 hours of chores at home. We come back in 6 months and the case will get completely dismissed and...

DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son released from custody with credit for time...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and back home with us at the detention...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel very comfortable during this process. As...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the police were giving us the run-around and not...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a hearing, she was able to get my record...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be dismissed! I would recommend Ms. Walsh if...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of speaking with her. She was always available to...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed under penal code 786, it means his...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me and made feel like I was her most...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able to get my son Community Service and a...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would be able to help us. Those words couldn't...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges dismissed, and I only served 30 days in...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with, she was very accessible and easy to get a...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable source of information. She prepared me...

My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal awareness class, returned in 6 months and...

My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed entirely! Ms. Walsh was available to us...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She listened to us, guided us through the...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though probation said this would take...

XL, juvenile client

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