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Possession of Marijuana Concentrate (THC extract, wax, dabs) Is a Felony in Texas

 

POSSESSION OF
THC CONCENTRATE
IS A FELONY IN TEXAS

Possession of any detectable amount of Tetrahydrocannibinol (“THC”), also known as wax, dabs, shatter, marijuana concentrate is a Felony in Texas.

EVEN possession of less than a gram of THC concentrate, is a State Jail Felony – 6 months to 2 years in a Texas State Jail facility, and a $10,000 fine.


HOW DID POSSESSION OF THC BECOME A FELONY IN TEXAS?

The Texas legislature made the illogical decision to treat THC different that flower Marijuana, and designated THC concentrate a felony under TX law, in Penalty group 2 of Section 481 of the Texas Health and Safety Code.  Take a look at other controlled substances in this penalty group, and you will find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will argue that THC oil is a lot different than molly, but both are treated the same under the Texas Health and Safety Code.

Many people find it incredible that marijuana concentrate possession is a felony in Texas because in some counties, like Harris County, Texas, possession of up to a quarter of a pound of marijuana (up to four ounces) is a Misdemeanor. If found in possession of less than 4 ounces of marijuana in Harris County, you do not get arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

CLICK HERE to review additional info from the Harris County District Attorney website about the Misdemeanor Marijuana Diversion Program

Inevitably Marijuana will be legalized, at least for medical use, nationwide. However, don’t get caught with THC concentrate in Texas or you are facing the following Felony consequences…

Possession of THC Concentrate:

  • Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
  • 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)
  • 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 
  • More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000

If charged with possession with intent to manufacture or deliver THC concentrate:

  • Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
  • 1 to 4 grams: 2nd  Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000)
  • 4 to 400 grams: 1st Degree Felony (5 – 99 Yrs in TDCJ, and a fine up to $10,000)
  • More than 400 grams: 10 to 99 yrs or life in TDCJ, and a fine not to exceed $100,000 

Now for the good news: Marijuana concentrate cases are unique among controlled substance offenses in how they are treated by District Attorney’s around the state – do not be misled into believing you will be imprisoned for decades over half an ounce of THC concentrate (even if the punishment range for that offense authorizes it).  Do not take a deal until you consult with an attorney familiar with defending THC concentrate cases.

If the stop of is illegal, or if the search of your person or property is illegal, LeGrande Law may be able to suppress the evidence at trial.  Also, many counties have diversion programs for these types of offenses.

ARRESTED FOR POSSESSION OF MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)