Honolulu, HI asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Hawaii

Q: Can they actually prosecute you for promoting a harmful or detrimental drug, if you have a vape with THC-p product?

There are many different types of vapes that contain THC-p, And is legally sold at regular vape or smoke shops.

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Hawaii, the question arises about the potential prosecution for promoting a harmful or detrimental drug when possessing a vape with THC-p (delta-8 THC), a product legally sold in regular vape or smoke shops. The issue centers on the legality and classification of THC-p, a specific form of THC derived from hemp. While some vapes with THC-p are legally available, the legal landscape surrounding THC derivatives can be complex and subject to change. Prosecution may hinge on the interpretation of state laws and regulations governing controlled substances.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on Hawaii's current laws regarding cannabis and THC, it is unlikely that you could be prosecuted just for personally possessing or using a vape containing THC derivatives like THC-P. Some key points:

- Hawaii legalized the personal use and possession of cannabis in small amounts for those over 21 years old under Act 178 in 2019. This covers traditional cannabis flower or oils.

- THC-P and other hemp-derived cannabinoids like Delta-8 remain in a gray area of the law. While not formally legalized, Hawaii retailers freely sell vapes containing these substances extracted from legal hemp.

- Promoting or distributing large amounts of these THC vape products could potentially lead to charges like drug promotion or sales. But there is little precedent or guidance from prosecutors.

- For individual use or possession there seems to be minimal legal risk based on current Hawaii laws and policies regarding both cannabis and hemp derivatives. Law enforcement tends to focus on other priorities.

Unless laws change or enforcement directives shift, having a THC-P vape for personal use should not lead to criminal charges. However, the growing popularity of these psychoactive hemp products means the legal landscape may see changes worth monitoring. Consulting a local criminal defense lawyer can also provide reassurance or guidance on any potential risks in your specific circumstances.

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