Can You Get Arrested for Being Caught with an Illegal Vape Kit?

Vaping has become a huge part of daily life for many people across the UK. Whether you’re using a disposable for convenience or a sleek pod system for routine, it’s easy to assume your vape is perfectly legal, especially when it’s readily available at a local shop. But here’s the catch: Not every vape on the market complies with UK regulations, and yes, some could actually land you in hot water.

What Makes a Vape Illegal in the UK?

Let’s get clear on what the law says. In the UK, vape tanks must not exceed 2ml in capacity, and nicotine strength is capped at 20mg/ml (2%). Bottles of nicotine-containing e-liquid must be no larger than 10ml. And, in case you missed the headlines: Disposable vapes have been banned from sale in the UK since 1st June 2025.

On top of all that, every product has to be registered with the UK’s Medicines and Healthcare products Regulatory Agency (MHRA). If it’s not on their list, then it’s not legal.

What Happens If You’re Caught with an Illegal Vape?

The good news is there aren’t any legal implications of using an illegal vape as a consumer. Illegal vapes are banned from sale (not use), so the onus lies on retailers and manufacturers.

The bad news is that you’re unlikely to experience the same protections as when buying a compliant vape. Black market products don’t come with warranty, and are not subject to the same strict processes as compliant vapes. That makes it difficult to guarantee the “safety” of a device in terms of the quality of its components and the inclusion of protections against over-charging and auto-firing.

Carrying a non-compliant vape might seem harmless, but it can have serious consequences.

Yes, the Police Can Seize It

Police and trading standards officers are cracking down more than ever. With over a million illegal devices seized last year alone, enforcement is ramping up. They’re hitting shops with surprise inspections, issuing on-the-spot fines, and confiscating anything that breaks the rules. Repeat sellers could even be prosecuted, facing court hearings and potential business shutdowns.

What’s the Real Risk with Illegal Vapes?

Here’s where it gets risky. Many of these devices haven’t passed safety checks. Some may include banned ingredients or materials not allowed under UK law. Without proper testing, users can’t be sure what they’re inhaling, or what kind of device quality they’re dealing with.

This isn’t about fear-mongering. It’s about peace of mind. Buying compliant means knowing your device meets basic safety standards.

How to Know Your Vape Is Legit

It’s easier to stay on the right side of the law than trying to skimp on a few quid. Just be sure to:

• Only buy from trusted UK-based retailers

• Avoid any kit with more than 2ml tank capacity or ultra-high nicotine levels

• Be cautious of suspiciously cheap, super-bright, oversized disposables

• Ask sellers for proof of compliance, or check if they’re registered with the MHRA.

Stay Safe, Stay Legal

Choosing a legal, fully compliant vape gives you confidence in what you’re using. Want a hassle-free way to shop legal? Check out the range of MHRA-compliant vape kits available now at FREESMO. Stay smart, stay legal, and vape with confidence.