Vape Possession Defense Lawyer


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.

Arrested with a Vape?

While this website provides general information, it does not constitute legal advice. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.


Vape Information Center

Let’s Start at the Beginning. What is a “Vape”?

Georgia Vape Defense lawyer

Vape is used both as a noun (the device used) as well as a verb (“I tried to stop smoking by vaping instead”). They come in many shapes and sizes but fundamentally a vape is a battery powered device that heats a liquid mixture of flavoring and chemicals for the user to inhale. They began as an alternative to smoking cigarettes or even as a means to quit. Vape products have now eclipsed the use of traditional cigarettes, especially among teens and young adults. They are available in an endless amount of flavors, formats and as you will see below, can induce a variety of effects based on the chemicals they include.

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%)

Homemade oils are illegal
Packaging of THC tanks
Empty tanks available for sale

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.

Homemade oils are illegal
Packaging of THC tanks
Empty tanks available for sale

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.

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.

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.

“I Got Caught with a Vape in School”

caught with vape in school

Getting caught with a vape in school can bring severe punishments, including expulsion. Even if the vape is only for nicotine (or a legal CBD or Delta-8 tank) you can still face serious problems based on the administration’s rules. Phyllis has extensive experience representing student’s who are facing disciplinary hearings or tribunals. It’s very common for these vape tanks to be misidentified, or at a minimum we can argue that the contents are in dispute. If the school is arguing that it’s a THC tank, you can be subject to both criminal prosecution and the disciplinary hearing. If you or your child has been caught with a vape in school, contact Phyllis right away for an initial consultation.

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While this website provides general information, it does not constitute legal advice. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.