Over the last decade, “vaping” has increasingly replaced traditional forms of smoking both nicotine, THC, and other illicit drugs. While some of these vaping devices are perfectly legal, many are tampered with and sold on the black market. In response to the increase in illegal sales of vaping devices, federal law enforcement agencies have initiated investigations and ramped up enforcement efforts. If you are convicted of a vaping drug crime you could face serious penalties. At Haas Law, we have the experience and commitment necessary to successfully defend clients accused of vaping drug crimes.
What Is “Vaping?”
By the turn of the 21st century, the harmful effects of smoking were well known. In addition, the potentially harmful effects of second-hand smoke were also being studied. In response to the growing anti-smoking movement, the “electronic cigarette” was developed. An electronic cigarette is a device made with an atomizer, a power source such as a battery, and a container such as a cartridge or a tank. The device simulates the traditional concept of smoking; however, instead of inhaling smoke you inhale vapor, giving rise to the term “vaping.” While these devices were originally created as an alternative to smoking traditional cigarettes, the market has exploded and now includes a wide range of both legal and illegal products.
Vaping Drug Crimes
Although there are perfectly legal vaping products sold nationwide, there is also a booming black market for altered and/or illegal vaping products. All tobacco products, including electronic nicotine delivery systems (ENDS), are regulated by the federal government. Moreover, the Food and Drug Administration (FDA) regulates the manufacture, import, packaging, labeling, advertising, promotion, sale, and distribution of ENDS, including components and parts of ENDS but excluding accessories. This means that any vaping device that fails to comply with federal regulations is illegal.
Recently, the FDA has teamed up with the Drug Enforcement Administration (DEA) to investigate black market manufacturing and distribution of illegal vaping devices and has actively pursued criminal charges against anyone who makes or sells these devices. Examples of vaping devices that could be subject to criminal prosecution include:
- A legal device that has been tampered with post-manufacture.
- Foreign devices brought into the country illegally.
- Vaping devices that include flavors that have been banned.
- Devices that include THC in states where it remains illegal.
- Any controlled substance (other than THC where legal) found in a vaping device.
Get Help from an Experienced Vaping Drug Crimes Defense Attorney
The state and federal laws and regulations relating to vaping devices are complex and constantly changing, making it difficult to know what is legal and what is not. If you have been charged with a criminal offense related to vaping you should consult with a vaping drug crimes defense attorney immediately to make sure that you understand the charges against you as well as to ensure that your rights are protected.
At Haas Law, we understand the laws applicable to vaping offenses along with the experience and skills needed to provide you with an aggressive defense if you have been accused of a vaping drug crime.
Call us at 407-755-7675, chat with us online, or submit our online form today. Because we understand that time is of the essence when federal law enforcement authorities are investigating you, our calls are answered 24 hours a day, allowing you to schedule an appointment as soon as possible to discuss your legal options.