Are CBD Vape Pens Legal? – List of State Laws

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.