I was wondering, that if I was to get caught with my vape, but I had already had a session off it.
Has most of the THC gone, so the main ingredients is now CBD?
As CBD is legal, does that now make ABV legal and can be used as a defense for possession?
Does CPS have to test the ABV and prove it has an illegal THC content before they can prosecute?
Does this make policing dope laws even more impossible?
Or is there still too much THC in ABV to make it still illegal to posses?
I remember seeing this come up in California at least a couple of times in the past, though the legal possession limit throughout the state is generally 8 ounces, so it's not quite as big of a deal for many people in my area.
Generally, ABV does contain much lower levels of the psychoactive cannabinoids that are controlled or illegal in most areas around the globe. However, even at their lower levels, the percentage left is almost always well above what is considered legal or not controlled. Additionally, both ABV and it's uses have become generally known among many law enforcement agencies. As such, should it test positive (which, generally speaking, it will), it's going to be treated exactly as Cannabis. Yes, in most modern areas of the world, it will be tested prior to being used as evidence in prosecution! I can't speak for places like China, Iran, North Korea, Eastern Europe, the Middle East, etc,.. as I've read that many of those places will imprison and execute on hearsay and rumors.
In areas where it's illegal to possess, or where you don't have legal permission (i.e. - caught with some in California, but you don't have the required Medical Marijuana Recommendation)... If you are caught with a vape thats filled with ABV, and if the officials are trained and experienced, you could easily be treated as if they had found a bag of buds in your possession. If you were caught, instead, by an inexperienced official, and assuming your ABV was pretty much tapped out of all cannabis related smells, you might get away with it, depending on what you say.
Regarding only those who are legally permitted to consume Cannabis, yet have a possession limit... The basic answer was that yes, it will almost always be counted against your totals! Unfortunately, should you be in a situation where this actually matters, you will very likely be dealing with one of the enforcement agencies (the world over) who choose too ignore both existing laws and policies making Cannabis use legal. Additionally, they also tend to ignore guidance from their senior leadership (President, for example), so they aren't going to care much that it's only ABV!
Furthermore, overwhelming public opinion leaning towards legalization/decriminalization doesn't matter to these agencies. Their overall goal is to target law abiding individuals in an attempt to imprison them, force them to quit, and intimidate others into following their "morally superior" beliefs and political views. Additionally, should they stop these practices they stand to loose a substantial portion of their budget and many will do anything they can to prevent that from happening. As such they are going to seize every opportunity to use each and every bit of evidence they can against you. They also have plenty of other tricks to further increase your charges and potential jail time, but I'm starting to get off topic.
I hope I was able to answer at least some of your questions with sufficient information!
