• A Texas woman faces charges of child endangerment and possession of a controlled substance after her 1-year-old nephew reportedly inhaled from her THC vape pen, leading to breathing difficulties and a positive marijuana test.
• The toddler accessed the vape pen left on a nightstand, prompting emergency responders to the scene; the woman claimed she thought the pen was unreachable and uncharged.
• Legal implications include potential fines and jail time, highlighting concerns over child safety and the accessibility of THC products in homes.

A 20-year-old Texas woman, identified as Vianney Alyssa Acosta, faces charges of child endangerment and possession of a controlled substance after her 1-year-old nephew reportedly inhaled from her THC vape pen, according to documents from the El Paso County Sheriff’s Office. Authorities allege the child experienced breathing difficulties and tested positive for marijuana following the incident. Acosta was arrested on May 21 and later released on a $6,000 bond.

The incident unfolded on May 16 at a residence on Walker Post Avenue in El Paso. Emergency responders were called to assist a 1-year-old boy struggling to breathe after, as noted in the criminal complaint, “smoking a THC vape.” The child’s symptoms included relentless crying, droopy eyes, and lethargy. Deputies arriving at the scene observed the toddler with “glassy eyes” and noticed he “appeared to be lethargic.”

Family Statements and Initial Observations

The child’s grandmother told deputies she left the toddler unsupervised briefly while she used the bathroom. During that time, Acosta heard the boy coughing and discovered him holding her vape pen in her bedroom. Law enforcement noted that the vape pen was located on a two-foot-tall nightstand and was partially covered by other items. Acosta allegedly admitted, “I thought the victim couldn’t reach it.”

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In her statement to deputies, Acosta said she had not seen the child using the vape but assumed he did, referencing his coughing, redness, and the presence of smoke. These, she claimed, were “side effects of using THC vapes.” She further added, “It makes you cough because it burns your throat.” Acosta also explained that she believed the vape pen was uncharged and empty at the time.

Father Unaware of Incident

The toddler’s father, who was reportedly working on his car in the garage, told deputies he was unaware of what had occurred until he saw a patrol car outside the residence. According to the affidavit, the grandmother informed him that the child had “hit a vape pen.” The father then accompanied deputies to The Hospitals of Providence East, where the boy underwent testing. A urine sample confirmed the presence of THC, the active compound in marijuana.

Legal Implications and Charges

Acosta’s charges include endangering a child, a serious offense under Texas law, as it involves placing a minor at risk of harm or injury. She also faces charges related to possession of a controlled substance, as THC vape pens are illegal for recreational use in Texas. If convicted, Acosta could face significant fines and potential jail time, depending on the outcome of her case.

Community Response and Broader Concerns

The case highlights concerns about child safety and the accessibility of marijuana products in homes. Experts emphasize the importance of securing controlled substances and ensuring they are out of reach of children. The incident has drawn attention to the risks posed by increasing availability of THC products, even in states like Texas where recreational marijuana remains illegal.

The sheriff’s department has not commented further on the case. No information has been released about whether additional charges will be filed against other family members or whether Child Protective Services is involved.

Next Steps

Acosta is awaiting her next court appearance, and the case could take months to resolve. It remains unclear whether additional precautions have been implemented in the household to prevent similar incidents. Law enforcement continues to investigate the circumstances leading up to the child’s exposure.

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