Are Vapes a Felony in North Carolina? (Explained)

Whether a vape or cartridge could be a felony in NC depends primarily on its THC content and whether it is hemp-derived (≤0.3% THC).

➜ Use our Vape Felony Checker to assess the risk.

Nicotine vs THC

Nicotine vapes are generally not felonies (other laws may apply).
THC vapes above 0.3% may be considered marijuana/THC.

Schedule VI Basics

Marijuana/THC products can implicate Schedule VI.
Simple possession may be a Class I felony in some contexts.

THC Content and Hemp vs. Marijuana
When Could a Vape Be a Felony?
Possession vs. Intent to Distribute
Devices, Extracts, and Paraphernalia
Sentencing Basics and Prior Record
FAQs
Sources

THC Content and Hemp vs. Marijuana

Under federal and North Carolina law, products derived from hemp with ≤0.3% delta‑9 THC by dry weight are generally treated differently from marijuana/THC products. Whether a vape is hemp-derived (and compliant) or marijuana/THC (and non‑compliant) depends on label accuracy, lab testing, and actual content. Mislabeling, impurities, or high‑THC extracts can change how an item is treated.

When Could a Vape Be a Felony?

Context matters. North Carolina law classifies controlled substances by schedules. Marijuana/THC is typically addressed under Schedule VI. In some circumstances, conduct involving THC vapes, cartridges, or concentrates may be charged as a felony (for example, based on the substance type, amount, or form involved). Exact outcomes depend on statutes, case facts, quantity, and prosecutorial discretion.

If you are trying to understand potential punishment ranges by felony class, see our overview article: NC Felony Classes Explained (A–I).

Possession vs. Intent to Distribute

Simple possession of small amounts of marijuana is often treated less severely than possession with intent to manufacture, sell, or deliver.
Factors like packaging, scales, large quantities, cash, or messages suggesting sales can elevate charges.
Trafficking thresholds and enhancements can apply in some scenarios.

Laws evolve—always review the current statutes and consult counsel for case‑specific guidance.

Devices, Extracts, and Paraphernalia

Cartridges, pens, and batteries may be treated as paraphernalia depending on context and residue.
Concentrates, resins, or high‑potency extracts can be treated differently than plant material, which may affect charge level.
Labeling that suggests illegal THC content can draw scrutiny even before lab confirmation.

Sentencing Basics and Prior Record

If a case is charged as a felony, North Carolina uses a structured sentencing grid keyed to Offense Class (A–I) and Prior Record Level (I–VI). Judges choose among Mitigated, Presumptive, or Aggravated ranges based on proven factors. You can estimate ranges with the NC Felony Sentencing Calculator; if the alleged offense aligns with a lower class, the Class I Felony calculator may be relevant.

NC Felony Sentencing Calculator: /legal/north-carolina/felony-sentencing-calculator
Class I Felony Calculator: /legal/north-carolina/class-i-felony-calculator

FAQs

Is a nicotine vape a felony in NC? Generally no. Felony risk relates to THC or other controlled substances.

Are hemp‑derived vapes always legal? Not necessarily. Compliance depends on actual content, labeling, source, and applicable laws. Products over 0.3% delta‑9 THC are generally not treated as hemp.

Do THC concentrates change the analysis? They can. Some concentrates or resins may be treated differently from plant material under North Carolina law, which can impact charge severity.

Where can I learn how felony ranges are set? See: NC Felony Classes Explained (A–I).

Sources

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This article is for educational purposes only and is not legal advice. Always consult a qualified North Carolina criminal defense attorney for guidance specific to your situation.