Vaping marijuana has become a common way to consume cannabis products across the country. Small, convenient, discreet, and easy to use, THC vape pens are especially popular among younger users. But while some states have legalized marijuana for recreational use, Florida has some of the strictest laws in place when it comes to possession of THC vape pens. If you are caught with one, you could be facing felony charges, even for a small amount…
What is a THC Vape Pen?
A THC vape pen, also called a weed cartridge, cart, or dab pen, is a device used to inhale concentrated forms of tetrahydrocannabinol (THC), the psychoactive compound found in marijuana. These devices work by heating an oil or wax concentrate, which allows the user to inhale vapor instead of smoke.
Unlike traditional marijuana flower, THC vapes contain concentrated extracts. Because the concentration is much higher, Florida law treats these products more harshly than simple cannabis possession.
Are THC Vape Pens Legal in Florida?
No. Recreational marijuana use is illegal in Florida. The only legal cannabis use in the state is through the medical marijuana program, which requires registration, a prescription from a qualified physician, and purchase through a licensed dispensary. Even if you are a medical marijuana patient, you must comply strictly with state guidelines.
As such, possessing THC cartridges without proper authorization is a crime. The severity of the charge depends on the amount in your possession, but Florida law classifies THC concentrate differently from marijuana flower.
THC Cartridge Florida Law
Under the enumerated drug schedules provided in Florida Statute § 893.03, THC oil, wax, resin, and cartridges are considered Schedule I controlled substances, meaning they have a high potential for abuse and no accepted medical use under state law (outside of the medical program).
This classification makes the mere possession of THC concentrates a third-degree felony in Florida, punishable by:
- Up to five years in prison
- Up to five years of probation
- Up to $5,000 in fines
- A permanent felony record
This penalty applies regardless of how small the amount of the controlled substance is. Even a single vape cartridge can be enough for prosecutors to bring felony charges.
By contrast, possession of less than 20 grams of marijuana flower is typically charged as a first-degree misdemeanor, not a felony. The difference highlights how seriously the state treats concentrates like vape pens compared to plants.
Are THC Gummies a Felony in Florida?
Yes. Any edible marijuana product, including THC gummies, is treated the same way under Florida law as vape cartridges, which means criminal charges can potentially result in a third-degree felony. Because they contain concentrated cannabis extracts, they fall under the felony possession statutes.
Even a small container of gummies can result in the same penalties as having multiple THC cartridges. People are sometimes surprised by this distinction, but Florida law does not differentiate between types of concentrates when it comes to criminal charges.
Is It Illegal to Have a Weed Pen On You in Public?
Unless you are a qualified medical marijuana patient carrying state-approved products, it is illegal to have a THC vape pen on you in public in Florida. Law enforcement does not need to prove intent to sell; simple possession is enough for a felony charge.
If you are a medical marijuana patient, you should always keep your medical card and proof of purchase with you. Carrying unauthorized cannabis products, even in small amounts, exposes you to significant legal risk.
What Happens If I Get Pulled Over With a Dab Pen in My Car?
When you are stopped by police and they find a THC vape pen on your person or in your vehicle, you could be facing a felony offense even if you only have a small amount.
Officers may also use the odor of marijuana as probable cause to conduct a vehicle search. If the vape pen or any other THC-concentrate-related drug paraphernalia is discovered, you could be arrested and, if convicted, face fines, probation, or even jail time.
The way you respond during the stop can affect your case. Avoid volunteering information, remain respectful, and remember that you have the right to remain silent. The facts surrounding the stop, the search, and the discovery of the pen are all critical in building a strong defense.
What To Do if You’re Facing THC Vape Pen Charges in Florida
If you are arrested for possessing a THC vape pen, you need to be aware of your rights and what will likely happen next. Taking the right steps early on in the process gives you the best chance at protecting your future.
The first step is to talk to an experienced Tampa drug crime defense attorney like Andrew Buda at Buda Law. Attorney Buda and his legal team will review your case, explain whether you may be eligible for diversion programs, and help you understand the likely sentence if the court finds you guilty. In some situations, completing court-ordered programs or treatment may reduce penalties and keep a felony conviction off your record.
Every proceeding is different, and the best defense strategy depends on the facts of your situation. By addressing each issue properly, your lawyer can strengthen your ability to fight for a better outcome.
Facing THC-Related Charges in Florida? A Tampa Criminal Lawyer at Buda Law Can Help
Being arrested for possession of a THC vape pen or edible in Florida is overwhelming. A felony record can affect your job, housing, and future opportunities. But you do not have to face these charges alone.
At Buda Law, our Tampa criminal attorneys have plenty of experience defending clients accused of THC possession and various other drug crimes in the Tampa Bay Area. We get straight to work reviewing the evidence, challenging unlawful searches, and fighting aggressively to reduce or dismiss charges whenever possible.
Call Buda Law at (813) 322-2832 or reach out online to schedule a confidential and completely free consultation regarding your case today.