THC Vaping: Is It Legal?

By Liz Coyle
Last Updated on

THC Vaping: Is It Legal?

THC vaping is a complicated legal issue. Depending on where you live, the concentration of THC, and the use, all dictate whether or not it is legal.

THC or CBD oil comes from the hemp plant. THC is the psychoactive agent in cannabis. It is often used in vaping as pens, and other devices have hit the mainstream. Vaping has reached an all-time high as more and more people turn to it as an alternative to smoking cigarettes.

While not all vaping uses THC products, many individuals have turned to this alternative as a way to smoke marijuana in what they think is a safer and more legal manner.

But is THC vaporizing oils really legal?

It is a complex topic that has a lot of gray areas when it comes to determining whether or not THC vaporizing oils are legal throughout the U.S.

Legal and Illegal THC Concentrations

The U.S. Food and Drug Administration (FDA) has deemed THC that is less than a 0.3 percent concentration is legal for educational and academic purposes. THC that contains more than 0.3 percent concentration is considered illegal under the law.

THC gets even more convoluted when you consider what and where it comes from. While industrial hemp is legal under the Agriculture Act, this differs from some THC vaporizing oil products. But, some THC oils are produced from industrial hemp, begging the question if it is legal.

Hemp Plant

Industrial hemp must contain less than 0.3 percent THC to be considered legal and over a 0.3 percent concentration to be considered illegal. THC that is produced from industrial hemp walks a fine line of being legal with a few exceptions.

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Complicating the matter of THC vaporizing oils is that it may be legal for these cannabis products to be sold in your state, yet they are illegal to use.

The U.S. Drug Enforcement Administration (DEA) has determined that THC products are illegal while many states have determined that they are legal for use within a certain level of THC concentration.

THC Legality by State

If THC oil comes from hemp and is sold as a dietary supplement, it is considered legal. However, only 44 states have approved the use of THC oils, so where you live could dictate if you are legally able to use THC oil without consequences or penalties.

When it comes to vaping, it is another legal issue altogether. If THC oil vaporizing is used as a cure, treatment, or prevention method, it is thought of like a drug by the FDA. This would make it illegal. But if your THC oil comes from industrial hemp, it is considered legal and can be safely consumed.

Now, if you are using THC oil from medical marijuana, you may be violating the law, depending on where you live. A total of 28 states have made the use of THC vaporizing oils legal for medical marijuana purposes. But you need to follow the laws within your state to safely use THC vaporizing oils at the proper concentration and with a doctor’s prescription to obtain it.

You also may use THC oil or THC vape juice if you live in a state that allows the use of recreational marijuana. THC, while illegal under federal law, is legal in four states for recreational use and would be able to be smoked without penalty under the laws of your state.

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While some states have made medical marijuana and recreational marijuana legal, a total of six states do not allow the use of CBD in any form. These states include Idaho, South Dakota, Nebraska, Kansas, Indiana, and West Virginia.

THC vaping with pre filled vape cartridges

THC Possession Punishments

You can be penalized for using THC vaporizing oils if your state does not allow the use of these cannabis products. Penalties also vary by state and could result in a criminal charge on your record, depending upon where you live. Some states hand down a fine while others impose jail time and a drug assessment and counseling.

While you may enjoy Delta 8 THC vaping carts, if it is not legal in your state, it could come with serious consequences. Getting arrested with THC oil may seem like a minor offense, but with many states taking a zero-tolerance stance on drugs, you may be in for more than you expected.

Help from a Criminal Defense Lawyer

If you are arrested for THC possession with a vape pen or other device, you may want to consider the help of a criminal defense lawyer. They can fight a THC possession charge and prove the complexities of your case.

It can be easy for anyone to misunderstand the laws for THC, especially when it comes to vaping. A criminal defense attorney can help. They can fight a THC possession charge and provide you with the legal advice you need to understand your options after an arrest.

While it is your responsibilities to know the law for THC possession and marijuana use in general, failure to understand what is legal in your state is not an excuse under the law. It is your duty to know the laws of your state and obey them as they were written, especially when they pertain to THC use.

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Unfortunately, for many these laws are complex and difficult to navigate. They are constantly changing as states look to revise their THC, CBD, hemp, and marijuana laws, making it necessary for vapors to stay up-to-date on the products that they choose to vape with.

Without the knowledge behind you on the laws of THC vaporizing oil use, you could face penalties that could affect your criminal record for life.

We hope you find this post on the legality of THC vaping useful. Let us know if you have any comments or questions below!
Liz Coyle

Liz Coyle

Liz S. Coyle is the Director of Client Services for JacksonWhite Attorneys at Law. She also serves as a paralegal for the Family Law Department. She is responsible for internal and external communications for the firm.

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