Vape pens are a common way to consume marijuana today. A vape pen works by heating up and vaporizing liquid. Using marijuana with a vape pen involves extracting THC and making it into a wax or oil, then placing it into a cartridge that goes onto the vape.
It is easy to go almost anywhere with a vape pen and remain inconspicuous. The pens resemble many other everyday items, unlike bongs or other traditional items used to consume marijuana.
Because you can often vape without raising suspicion, or even being noticed, you might not consider using your vape pen to consume THC a serious crime, but in Florida it is.
THC vaping is a felony in Florida
You might already know that possession of marijuana is a crime in Florida, but it is a more serious crime than you may believe. You could be charged with a felony for THC vaping or being found with a cartridge containing THC in your possession.
Florida law states that possessing 20 grams or less of cannabis is a misdemeanor. However, the law contains an exception stating that cannabis does not include “the resin extracted from the plants of the genus Cannabis or any compound manufacture, salt, derivative, mixture or preparation of such resin.”
THC that is extracted from a cannabis plant is considered resin, placing it within this legal exception of cannabis when it comes to marijuana possession.
Additionally, THC and cannabis are Schedule I drugs. There are five total schedules of drugs and Schedule I is the most serious, referring to drugs that have a high potential for abuse and no medical use.
Therefore, if you are charged with vaping THC or even possessing a cartridge containing THC, you could be charged with a third-degree felony. This is true regardless of the level of THC in the cartridge.
Penalties for THC vaping
Penalties for a third-degree felony in Florida are substantial. Your punishment could include a fine of up to $5,000 and up to five years in prison.
Outside of these penalties, a felony conviction comes with many other consequences. With a felony record, you could have difficulty obtaining employment, education or housing. You may be forbidden from possessing firearms and your reputation among family, friends and colleagues could be damaged.
In addition to a drug possession charge, a charge of possession of drug paraphernalia could be added on.
Florida law prohibits possession of implements used for ingesting, inhaling or consuming drugs, which includes vape pens. The law is written broadly, so many other items could qualify as drug paraphernalia, including pipes, storage contains or scales.
Possession of drug paraphernalia is a misdemeanor, with potential penalties of a $1,000 fine and up to a year in jail. However, you would likely still be facing the felony drug possession charges for possessing the THC.
These potentially serious repercussions for vaping THC are one reason it is important to know your rights and put on a strong defense if you are criminally charged.