Are CBD Vape Pens Legal? – List of State Laws

Guy holding a CBD vape pen in his hand blowing a cloud of vape smoke .

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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. 

Which states have banned CBD vape pens?

No states in the U.S. have banned vape pens themselves, though they are subject to consumer restrictions, like limiting the purchase of e-cigarettes by individuals below the age of 21 in many states.

Additionally, CBD production and sale is legal at the federal level, so long as the product contains no more than 0.3% THC by weight and the CBD is sourced from hemp strains rather than marijuana strains. On a federal level, CBD vape pens should be completely legal to buy if they’re purchased from legitimate vendors. CBD vape pens can often be bought at drug stores or gas stations in most states, in fact, making them very easy to buy and use. 

However, a few states have passed legislation that explicitly restricts the sale, use, and possession of CBD products, while others have conflicting or “gray” laws on the subject that make it unclear how laws will be applied in individual cases. 

States in which there are heavy restrictions on purchasing CBD, or the legality of CBD is unclear include:

  • Georgia: CBD users need a “low THC oil” registry card in order to purchase CBD
  • Hawaii: users need a prescription to carry CBD
  • Idaho: no THC may be present in any CBD product
  • Kansas: no THC may be present, unless it is being used to treat a debilitating medical condition
  • Massachusetts: CBD cannot be sold in foods, nor can sellers make medicinal claims about their product
  • Missouri: individuals with epilepsy may purchase CBD from a state-owned facility if they have an approved registration card
  • Nevada: edibles are considered illegal
  • Texas: even trace amounts of THC could result in a felony charge

In most other states, too, there are still caveats to the sale, possession, and use of CBD products; almost no states just defer to the federal legislation on CBD without enacting other restrictions that specify where, how, what, and to whom CBD can be sold. Given how young this industry is, these laws are constantly in flux — pay attention to restrictions that crop up in your state or states you frequent. 

Fortunately, while many states make claims about the legality of CBD in food or the legality of raw hemp, no states make legal claims about CBD vapes specifically. They just must fall both within the parameters of the federal legislation and local legislation, which may be more difficult than it seems.

There are gaps in some states where the CBD industry has no supervision or oversight when it comes to the concentrations of THC in their products. As in, many states have limitations about THC percentage (and the federal government certainly does as well), but few states have rigorous government testing to ensure purity. It’s not impossible that buying CBD from an online store or disreputable establishment could lead you to possess an oil that is way too high in THC. 

Two CBD vape pens laying on a table with hemp flower buds next to them.

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. 

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.

If you’re specifically looking for CBD cartridges, click here for our personal favorite product, Secret Nature Live Resin CBD Cartridge.

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Josh Murdoch

Josh Murdoch

I was born with Cystic Fibrosis, and although it is incurable, CBD and THC have been allowing me to live my life as a healthy adult now for years. For that reason, I’ve dedicated my career to spreading the good news about cannabinoids. Currently, I work for a vertically integrated cannabis company called Unrivaled Brands that operates in California, Oregon, and Nevada. Previously, I worked on two cannabis farms in northern California, one of which was located in the famous Humboldt County. I’ve also managed a medical cannabis delivery service in Marin County, California. I created CBD Facilitator to share what I’ve learned, and to recommend the best products that I have found in this chaotic market.

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