Vape & THC Product Information Center
Georgia THC, Vape & Marijuana Defense Lawyer
In recent years, the usage of eCigarettes & vape cartridges has exploded both amongst adults, as well as students, minors and people under 18. The legality of this large variety of products and what is allowed state by state can be very confusing. There are products that contain THC that are legal for people over the age of 18. There are other products that contain slightly more THC that can result in a felony level possession of a controlled substance charge. Some of the laws seem contradictory and overlapping.
Georgia’s vape, marijuana and THC laws can be a little confusing, we will try to explain the current status and how the laws affect your situation. If you or your child have found yourself in trouble with the law or school administration over eCigarettes or other vape-related products, contact Phyllis for an initial consultation today.
Vape Information Center
First Things First - What is a Vape? Why Was There an Arrest?
Vape Products that DO NOT Contain THC (Nicotine based vape products)Since the early 2000’s several products have been marketed as alternatives to smoking traditional cigarettes. These products are available in a variety of flavors and formats as you can see in the image. They are typically available at most convenience stores. Because of its compact size the Juul model (the fourth from the left in the image) tends to be very popular among high school and college students. It should also be noted that while they are available in all varieties, the second model in the image (the vape pen) is the most common model of those that contain THC, CBD or other marijuana related compounds.
ILLEGAL: - Vape Cartridges (THC concentration of greater than 3%)
This product is the equivalent of, and provides the same sensation as, smoking marijuana, oftentimes very potent marijuana. They are available in several states where marijuana has been made legal. However, in states like Georgia where they are illegal, there is no way to trace the actual source of the product.
There are a wide variety of look-alike packages available online and in some “smoke shops”. These empty cartridges are filled by people who have made their own THC oil. There is potential for a wide variety of very dangerous chemicals, especially in products that can not be traced back to a legal seller. This product is a street drug and is potentially very harmful. You may remember back in early 2019 there were a variety of stories of hospitalizations and even death attributed to (what were believed to be) homemade vape tanks that contained vitamin e oil.
A number of the high concentration THC tanks come from legal states, but the availability of artificial packaging and “fill it yourself” tanks makes this type of tank very dangerous. This type of tank is illegal in Georgia and carries a potential felony level possession of a controlled substance charge.
Legal: Delta-8, CBD - (THC Concentration of less than 3%)
Where things get very confusing is with the introduction of CBD and Delta-8 oil, which are both derivatives of the marijuana plant that contain THC but have been legalized in Georgia for sale and use for people over the age of 18. CBD is commonly marketed to help reduce anxiety and help people feel relaxed. Delta-8 is actually meant to mimic the effects of marijuana but still contains less than 3% THC.
Is Medical Marijuana Legal in Georgia?
Georgia’s statute on medical marijuna can be confusing as it only includes one type of prodcut – low-concentration (under 5%) THC oil. You must qualify and register with the Georgia Department of Public Health to legally use this THC oil in Georgia. There are a number of conditions that can qualify a person for a Georgia marijuana “card” including cancer, M.S., seizure disorders, intractable pain and more. A patient who has qualified for a card still may not possess marijuana (in flower form) or vape related products from states where marijuana is legal. Medical patients are allowed up to 20 fluid ounces of “low THC oil” which must be 5% or below.
Testing THC Levels
The over / under 3% distinction is incredibly important. The THC level is how the law and prosecutor will determine the charges related to the possession of the vape. The reality is, these products look more or less the same. A school administrator or police officer is going to look at the product and make an assumption about what it is. In the case of a police officer, the charges you will face will be more or less based on this decision. They may identify it as a CBD or Delta-8 tank, both of which are legal. Or, it may be identified as an illegal THC oil tank in which case you can be charged with felony drug possession.
To further confuse the issue, a lot of testing kits only give a “positive” or “negative” result. Meaning, we learn nothing about the legality or illegality of a substance based on many current tests.
"I Got Caught With A Vape At School"
Felonies vs. Misdemeanors
Georgia’s marijuana laws are fairly strict. Some Georgia counties have moved to “decriminalize” marijuana possession. To be honest, law enforcement is in a pretty tough spot; if it’s 2.9% THC it’s legal – if it’s 3.0% it’s a felony. As stated earlier, the products look and smell identical.
However, this can create a lot of opportunity for a defense lawyer to make the judge or prosecutor reconsider the charges. There is also a somewhat obscure misdemeanor charge for “low THC oil” which is the type of oil that is legal for those with a valid prescription. This distinction is also important for defense lawyers because if the test is questionable, we can try to get the charge dropped to “low THC oil” which is a misdemeanor instead of a felony.