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Hemp oil is legal in all 50 states but the production of CBD Hemp Oil is not. Even though both come from marijuana, hemp oil is derived from sterile cannabis seeds, which are legal under the Controlled Substances Act. cbd vape oil is derived from the plant's flowers Is It Legal to Have a Vape Pen with THC? - Burlington County NJ Can I Go to Jail for Having THC Oil? Depending on how the law enforcement officers decide to file charges, you could be facing up to eighteen (18) months in state prison for just possessing one cartridge of THC oil in a vape pen. However, jail or imprisonment for first time marijuana and THC oil offenders is rare.
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