CBD vape pens are enjoyable, relaxing, and easy to use. But CBD is often confused with weed, so, for that reason, can you use a CBD vape pen without problems?
Broadly, neither the state nor federal government has made any specific legislation on CBD vape pens, and both CBD and vape pens are federally legal (within certain bounds). However, it’s important to keep in mind each individual state’s restrictions on CBD and adhere to them in order to avoid any funny business.
It can be difficult to parse the laws of the land when it comes to product regulation, but don’t worry. In this article, we will help to break down the complex legality of these products, in addition to presenting some snippets of laws from individual states.
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What are the laws surrounding CBD vape pens?
The legality of CBD vape pens in the United States is complex and varies depending on federal and state regulations:
Federal Legality
CBD vape pens derived from hemp containing less than 0.3% THC are federally legal under the 2018 Farm Bill.
State Regulations
Despite federal legality, individual states have their own regulations regarding CBD:
- Most states allow hemp-derived CBD products, including vape pens.
- Some states have stricter regulations. For example, Idaho prohibits any CBD product containing more than 0% THC.
Legal Considerations
When using or shipping CBD vape pens:
- Ensure the product contains less than 0.3% THC to comply with federal law.
- Be aware of state-specific regulations, especially when traveling.
- For mailing CBD vapes, follow USPS guidelines, including providing documentation of THC content and retaining records for three years.
- Private carriers like FedEx, UPS, and DHL may have additional restrictions.
While CBD vape pens are legal at the federal level and in many states, it’s crucial to check local laws and regulations, as they can change frequently
Are CBD vape pens legal in all 50 states?
CBD vape pens are not legal in all 50 states, despite the federal legalization of hemp-derived CBD products containing less than 0.3% THC under the 2018 Farm Bill. The legality of CBD vape pens varies significantly from state to state, with some states imposing stricter regulations or outright bans.
List of states that have banned CBD vape pens
CBD vape pens are explicitly illegal or heavily restricted in the following states:
- Idaho: All CBD products containing any THC are prohibited, including vape pens.
- Iowa: CBD vapes are banned, as the state prohibits all THC-containing products.
- Minnesota: CBD vapes are banned; only edibles, beverages, and external-use products are allowed.
- Louisiana: Strict limits on THC content (under 8 mg per serving and 1% by weight) effectively restrict CBD vape pens.
- Massachusetts: Flavor bans and restrictions on cannabinoids likely extend to CBD vape pens.
- Montana: Synthetic cannabinoids and certain hemp-derived products are banned, which may affect CBD vape pens.
- Nevada: Restrictions on synthetic cannabinoids and THC isomers impact CBD vape pen legality.
- New York: Isomerization bans and flavor restrictions likely include CBD vape pens.
- Rhode Island: Flavor bans and unclear regulations on cannabinoids restrict CBD vape pens.
- Utah: Flavor bans and restrictions on synthetic cannabinoids extend to CBD vape pens.
State laws can change frequently, so it’s essential to verify local regulations before purchasing or using CBD vape pens. Some states may allow certain forms of CBD but impose strict limitations that effectively ban vaping products.
Is it legal to vape CBD in public?
As long as you are living in a state where the sale and possession of CBD is legal, vaping CBD in an outdoor public space is a legal and discreet way to get the benefits of CBD throughout your day without smoking or taking an edible.
However, it’s worth noting that multiple states have restrictions on the use of e-cigarettes and other vaporizers in certain places, in the same way that smoking prohibitions exist in some states. In fact, in 15 states (California, Colorado, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah, and Vermont) there was a law passed that prohibits smoking and e-cigarette use in indoor spaces such as worksites, restaurants, and bars. This includes all sorts of vaporizers, including non-nicotine ones like CBD vapes.
Additionally, just be aware that the THC percentage of less legitimate CBD vape pens may sometimes verge into illegal territory — some full-spectrum oils used in CBD vapes contain not only heavy metals, carrier oils, and particulates that are hazardous to lung health, but they may also contain illegal levels of THC, or they may be marijuana-derived rather than hemp-derived.
Furthermore, keep in mind the fact that many CBD vapes may resemble marijuana wax pens or other vaporizers, which are largely illegal in the U.S. As with identifying hemp flower from weed, most law enforcement officials don’t have the training necessary to be able to tell the difference between the legal product and the illegal one since they can resemble each other so strongly. When in doubt, try opting for a CBD vape that more closely resembles a nicotine e-cigarette instead of a dab pen if you’re looking to vape in public.
How can I ensure my CBD vape pen meets the 0.3% THC requirement?
To ensure your CBD vape pen meets the 0.3% THC requirement, follow these steps:
Check the product label: Look for clear information about the THC content, which should be 0.3% or less by dry weight.
Request a Certificate of Analysis (COA): Ask the manufacturer for a COA from a third-party laboratory. This document should verify the cannabinoid profile, including the exact THC concentration.
Choose reputable brands: Select products from companies that prioritize transparency and regularly test their products.
Is it legal to travel with CBD vape pens?
Yes, it is legal to travel with CBD vape pens within the United States as long as they are derived from hemp and contain less than 0.3% THC, in compliance with federal law under the 2018 Farm Bill.
However, travelers should carry a Certificate of Analysis (COA) to verify THC content and be aware of state-specific laws at their destination. International travel is more complicated, as many countries ban CBD entirely, so research local regulations before hand.
Can you fly with CBD vape pens?
Yes, you can fly with CBD vape pens within the United States, but there are important rules to follow. The CBD must be derived from hemp and contain less than 0.3% THC, as per federal law. TSA allows vape pens in carry-on luggage (not checked bags) due to fire risks from lithium batteries. However, state laws vary, so research the regulations at your destination.
Carry a Certificate of Analysis (COA) to verify THC content and ensure compliance with TSA’s liquid rules (e.g., e-liquids must be in containers of 3.4 ounces or less). For international travel, check the laws of your destination country, as many nations prohibit CBD products entirely.
Are CBD vape pens allowed on cruise ships?
Hemp-derived CBD vape pens are not allowed on most cruise ships, regardless of their THC content. Major cruise lines, including Carnival, Royal Caribbean, Norwegian, Disney, and others, have strict policies prohibiting CBD products.
These bans apply even to hemp-derived CBD with less than 0.3% THC because cruise ships follow federal law and must also consider the laws of the ports they visit. Bringing CBD vape pens onboard can result in confiscation, fines, or denial of boarding.
Takeaway
While CBD’s legality and quality can be tricky to understand without doing specific and pointed research, it is well worth exploring in order to reap the rewards of the compound. Products like CBD vapes and pens can be purchased from many places with an astonishingly wide variety of products to choose from in such a young industry, so just make sure to do the legwork and determine not only if your state allows for CBD, but if the CBD you’re purchasing falls within legal guidelines.
If you’re interested in purchasing CBD products that aren’t vaporizers and juices from reputable sellers who value your health, check out CBD Facilitator’s online directory, where products are only recommended if they are loved by the site’s staff (who are themselves experts in the realm of cannabis). We offer a variety of CBD products for everyday use, from isolate powders to hemp flower to gummies and more.
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