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Is It Illegal To Have A Vape Pen With THC?

August 1, 2019

Charges for Possession of THC Oil in Vape Pen

Vape Pens and E-Cigs have become one of the most popular forms of tobacco and marijuana ingestion in recent years. While there use for tobacco may be legal, New Jersey still treats it as a crime when individuals use vape pens or e-cigs to inhale THC Oils. When used in there traditional fashion, these devices are legal under New Jersey law. This is because New Jersey still treats THC Oil as a Controlled Dangerous Substance. More specifically, New Jersey Law Enforcement may file criminal charges for possession of a Vape Pen with THC Oil pursuant to their authority under N.J.S.A. 2C:35-5.3(c). This particular statute states that it is illegal to obtain or possess “synthetic cannabinoids.” Even more concerning is the fact that these charges may be treated as a fourth degree felony offense while typical marijuana possession cases are only a disorderly persons offense (i.e. misdemeanor). Nevertheless, we have still seen some instances where police will opt to only charge an individual, who is in possession of THC Oil, with possession of marijuana less than 50 grams, in violation of N.J.S.A. 2C:35-10a(4).

Local Attorneys for Marijuana Charges

Criminal charges for Marijuana Possession or Possession of a Synthetic Cannabinoid, such as THC Oil or Marijuana Wax Folds, carry serious ramifications. Not only are you facing a criminal record, but you could be subject to severe fines, probation and even jail in some instances. Up and until New Jersey acts to legalize marijuana or its THC derivatives, you must be cognizant of how you act. Attempting to smoke a Vape Pen with THC on the beach, at a bar or in a park can result in handcuffs. If you have been charged with possession of a vape pen in Monmouth County, in towns like Evesham, Mansfield, New Hanover, North Hanover, Mt Holly, Mt Laurel, Palmyra, Pemberton, Westampton, Medford, Moorestown, Bordentown or Burlington Township, our firm can help. For an immediate and complimentary consultation with an experienced criminal defense attorney near you, please contact our Marlton Office at 609.850.8284.

Can I Go to Jail for Having THC Oil?

Depending on how the law enforcement officers decide to file charges, you could be facing up to eighteen (18) months in state prison for just possessing one cartridge of THC oil in a vape pen. However, jail or imprisonment for first time marijuana and THC oil offenders is rare. If you are charged with Possession of THC oil, in violation of N.J.S.A. 2C:35-5.3(c), then you will be facing a fourth degree indictable offense at the Superior Court. If convicted, N.J.S.A. 2C:35-5.3(c) carries upwards of eighteen (18) months of imprisonment, a $15,000 fine and a six (6) month driver’s license suspension.

As mentioned above, the officers can elect to charge you with marijuana possession, in violation of N.J.S.A. 2C:35-10a(4), for possession of THC oil. This criminal charge is considered a disorderly persons offense and will be handled at the local municipal court where the offense occurred. If convicted, the defendant will be facing up to six (6) months in the the county jail, a $1,000 fine and the suspension of their driver’s license for six (6) months.

Additionally, police may also charge you with possession of drug paraphernalia, pursuant to N.J.S.A. 2C:36-2. based on the illegal use of the vape pen/e-cig, which would otherwise be legal for tobacco inhalation.

Is it Illegal to Possess a Vape Pen in NJ?

No. Simply owning and using a vape pen is not illegal. Similar to a tobacco bong, a vape pen itself is not considered drug paraphernalia unless it is used to consume a controlled dangerous substance. Nevertheless, police may try to search you or confiscate your vape pen/e-cig based on suspicion that it contains THC oils. Depending on the facts and circumstances, this search could be a violation of your constitutional rights under search and seizure laws. Please contact our office for more information on police searches involving THC oil or marijuana.

Looking for Local Evesham NJ Lawyer for Marijuana Vape Pen Charge

Our law firm is composed of attorneys well-versed in criminal law. based criminal defense. Firm Partner, William C. Fay, IV, Esq. is a former New Jersey Deputy Attorney General. His experience investigating and prosecuting cases on behalf of the State’s top attorney provides him with a unique perspective. If you or a loved one have been arrested and charged with possession of THC oil, marijuana possession, possession of drug paraphernalia, heroin possession, possession with intent to distribute, or CDS in a Motor Vehicle, please do not hesitate to contact our office. We can be reached 24/7 for your convenience.



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Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.

Burlington Office

525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
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100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
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Suite A, Point Pleasant,
New Jersey 08742
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180 Kings Highway,
Middletown Township,
New Jersey 07748
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