VGCSA - Dab Pens and Vaping In Georgia
For those who don't know, VGCSA is the abbreviation for Violation of the Georgia Controlled Substances Act. "VGCSA" is basically what Georgia calls a drug charge.
If you have questions about getting arrested for weed in Georgia, you can see my blog post here: https://www.cobbcriminaldefenselawyer.com/arrested-for-marijuana-mistakes-and-misunderstandings-about-georgia-law
If you want to learn a little more about the general drug laws in Georgia when it comes to VGCSA, I've explained the basics of them here: https://www.cobbcriminaldefenselawyer.com/drug-charges
Here are some answers to common questions about Dab Pens and Vaping in Georgia:
Can I get a VGCSA (drug) charge for having a Dab Pen or a Vape Pen?
In short, yes. If your dab pen or vape pen has any kind of substance containing THC in it (oil, wax, etc.), you can be arrested for felony possession of drugs under Georgia's drug statutes. Even if there is just a small amount of residue in it, it is usually enough for the charge.
Is the penalty less if it is just residue in the cartridge?
The penalties for VGCSA possession laws do depend on how much you have. However, there is no special category for residue that lowers the punishment. Residue is just part of the lowest category of punishment. So if you are caught with only a very small amount of THC oil or wax in a pen, you are still potentially facing 1 to 3 years for Possession of a Schedule 1 drug. However, you should always have a lawyer helping you with these cases since testing of residue can be an issue and can be a good point of leverage against a prosecutor.
What if the vape or dab pen doesn't have any THC in it at all?
It will depend on the specifics of your situation. Dab pens are usually not re-usable (although some are) and are dedicated to the use of THC. An officer could choose to arrest you for the VGCSA misdemeanor of Possession of Drug Related Objects just for the dab pen alone, since they might argue there is no lawful use for the dab pen other than to ingest THC. Possession of Drug Related Objects is a crime that comes with a maximum of 12 months in jail and a $1,000 fine. With vape pens, it is possible you could still be arrested for Drug Related Objects, but would be even harder for them to prove it was to be used for an unlawful purpose since vape pens are commonly used for nicotine.
What if I have a medical card from Georgia that allows me to use THC?
Georgia has very strict rules when it comes to the use of medical cannabis. The person possessing it must have a valid registration card issued by the Georgia Department of Public Health in their possession, the THC has to be low THC oil and you cannot possess any more than 20 fluid ounces. The low THC oil has to be in pharmaceutical packing, confirming it is low THC oil (less than 5% THC oil by weight). If you are confronted by law enforcement and you have not followed the requirements listed above, you could be facing a VGCSA charge - either a felony or a misdemeanor depending on your circumstances.
What about using Delta-8 in a vape pen?
Use of Delta-8 and Delta-10 is an unclear area of the law right now. Initially, it was described as legal by most Georgia criminal experts (Delta-9 is not). However, some prosecutors have recently sought to prosecute the use of Delta-8. There is a lawsuit currently pending out of Gwinnett county: https://www.usnews.com/news/best-states/georgia/articles/2022-03-12/suit-cannabis-chemical-delta-8-legal-under-georgia-law
At this time, I would caution any users of Delta-8 or Delta-10 to be aware that some prosecutors and law enforcement may be seeking to arrest people for it's use. You can also encounter trouble whenever law enforcement is not well informed, or can't validate, what kind of product you are possessing.
If you have questions about your Cobb County VGCSA / drug arrest, call me at 404-904-2862 for a free consultation.
