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West Palm Beach Criminal Lawyer / Blog / Drug Crimes / Is Vaping Legal In Florida?

Is Vaping Legal In Florida?


As of this writing, cannabis is legal to use in Florida only in a medical context, and only with the appropriate permissions and paperwork from your doctor. However, this does not stop many Floridians from seeking out other ways to partake, and one of them that has become popular over time is vaping. While smoking marijuana is explicitly excluded from accepted methods to ingest the drug under Florida law, vaping is acceptable for medical patients under certain specific circumstances.

Testing Legal Limits

Vaping is a method of imbibing nicotine or cannabis. Instead of simply smoking a cigarette or a joint, a person inhales ‘vapor’ that includes the substance. While historically it has been marketed as a ‘safer’ way of using marijuana, the reality is that it can cause its own health problems, such as lung problems, organ damage, and, as one might imagine, addiction. Vaping has not been popular for long enough for much long-term data to have been gathered on its effects over a lifetime, but there are tangible short-term effects.

The evolution of vaping regulations in Florida has been rocky, with the minimum age being raised to 21 last year, as well as bans being imposed on towns and municipalities regulating vaping on their own – in other words, smaller governmental entities cannot make their own laws on vaping and must follow the state’s instead. That said, these regulations apply solely to vaping nicotine, or vaping cannabis legally, with a medical card. People seeking to vape recreationally can still be charged with a crime.

Cannabis vs Nicotine

The important thing to keep in mind if you choose to vape is that the act of vaping is not illegal in Florida – but possessing and/or using cannabis is illegal, regardless of the method you choose to imbibe it. Florida takes drug crimes extremely seriously, and even possession of small amounts can result in prison sentences (Florida does have mandatory minimums in place, meaning that a conviction can result in a minimum of three years in prison, with no possibility of parole).

Be advised that while possession of cannabis can be prosecuted at several different degrees of offense, possession of THC oil is almost always prosecuted as a third-degree felony, with a sentence of up to five years in jail, plus fines and court costs. Given the high possible concentration of THC in vape oil, and Florida’s high rate of drug use across the board, law enforcement aggressively prosecute those caught with it.

Contact A West Palm Beach Drug Possession Attorney

Vaping works for many people to get the relief they need. However, if you use a vape, you still have to do so in compliance with Florida law. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help to answer any questions you may have about drug law in Florida. Call our office today at (561) 721-0552 to speak to an attorney.



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