The use and popularity of vape pens have skyrocketed in recent years. Viewed as a healthier alternative to cigarettes, these devices have a wide range of products available for consumption, including marijuana and its derivatives. However, vaping can pose significant health issues, including respiratory problems and potential long-term effects. And despite attitudes toward marijuana softening recently, marijuana remains a Schedule I controlled substance in Pennsylvania. Under federal law, marijuana is still illegal, which complicates its legality and enforcement, especially concerning vape pens.
Consequently, you can face serious trouble when you are arrested for possession of a THC vape pen, wax, oil, or other concentrated forms of marijuana. Pennsylvania state law has specific regulations regarding the use and possession of vape pens and marijuana, which can lead to severe legal consequences.
Rubin, Glickman, Steinberg, & Gifford have established a reputation as one of Pennsylvania’s most ardent criminal defense firms when it comes to defending our clients who face drug charges, including marijuana. Because the use of vape pens is legal, but marijuana use is illegal, it can be a confusing and stressful situation you find yourself in if arrested. That is why our team of experienced and knowledgeable attorneys can guide you through any question you may have.
Types of THC Products in Pennsylvania
There are a wide variety of different products available for purchase in Pennsylvania medical dispensaries, including:
- Flower
- Oil concentrates
- Vaporized products
- Edibles
- Topicals
- Pills and other oral products
- Gels
- Patches
- Inhalers
These products are derived from the cannabis plant. Chronic pain is one of the qualifying conditions for medical marijuana in Pennsylvania.
While these products are legal for those who have been prescribed marijuana, those who are not prescribed would be consuming these products illegally. The reason for the popularity of vape pens is really quite simple: people can use the pens to consume marijuana and other substances, often publicly. Vape pens have been designed in such a way that the oil, which contains THC, the active ingredient in marijuana, can be made to have no odor or to smell like something else, such as candy or menthol.
Vape Pens and Pennsylvania Law
While the use of a vape pen is legal, under Pennsylvania state law, if the authorities have reason to believe you are using it to consume illegal substances, you could be arrested and charged with possession of marijuana. Additionally, electronic cigarettes are subject to regulations surrounding their use and sale in Pennsylvania, including requirements for child-resistant and tamper-evident packaging, age restrictions, warning labels, and prohibitions on vaping in certain locations.
Furthermore, this gets complicated if you are arrested with a vape pen, oil, wax, or other substance with THC. THC concentrates are codified at 8 grams, meaning that possession of more than 8 grams of THC, regardless of the form it is in, carries a penalty of up to one year in jail and a maximum $5,000 fine.
Criminal Charges of Marijuana Possession in Pennsylvania
An arrest for possession of a THC vape pen could involve multiple charges, including:
- Conspiracy to possess with intent to distribute
- Conspiracy to distribute
- Possession with intent to distribute
- Possession of drug paraphernalia
- Distribution
- Manufacturing
Research suggests the potential benefits and risks of using THC products, emphasizing the need for more research.
Because the application of the law is rather broad, possession or paraphernalia charges can be tacked on for every substance on your person with THC in it.
Aside from facing the significant fines, court costs, and even jail time associated with a marijuana conviction, these charges can prevent you from working in certain professions and hinder your ability to attend the college of your choice. Additionally, marijuana charges or convictions can carry a stigma as you move forward in your life, raising questions about your judgment and reliability.
Contact an Experienced Pennsylvania Criminal Defense Attorney
Even though charges involving marijuana possession relating to the use of vape pens or other substances are relatively minor, they still place a mark on your record. A conviction could potentially taint your future opportunities. In this situation, you need the services of experienced, skillful criminal defense attorneys at Rubin, Glickman, Steinberg, and Gifford to fight for you. For over 65 years, they have fiercely defended clients throughout Montgomery and Bucks County, Pennsylvania, using a client-specific approach to get positive outcomes in the face of sometimes overwhelming odds.
To set up a free initial consultation, call our office today at (215) 822-7575 or fill out our contact form.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
June 20, 2024
