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

 

POSSESSION OF THC CONCENTRATE IS A FELONY

Possession of any detectable amount of Tetrahydrocannibinol (“THC”) in its concentrated form; also known as wax, dabs, shatter, marijuana concentrate, (whether in a vape-pen or otherwise), is a Felony in Texas.  Yes, if you are caught with even less than a gram of THC concentrate, you could be faxing a punishment range of 6 months to 2 years in a State Jail facility of the Texas Department of Criminal Justice.

The Texas legislature can be a dangerous thing.  Left to their own devices, they pass illogical legislation like the provisions of the Texas Health and Safety Code (Section 481) which designate concentrated THC as a controlled substance in Penalty group 2 of the Texas Health and Safety Code.  A review of other controlled substances in this penalty group reveals things like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will argue that Marijuana concentrate is a lot different than molly, but both are treated the same under Texas law.

The real reason it may comes as a surprise to Texans (that marijuana concentrate possession is a felony in Texas) is that possession of up to a quarter of a pound of marijuana (up to four ounces) is a Misdemeanor.  Not just that – in places like Harris County possession of less than 4 ounces of marijuana will not even get you arrested or charged with a crime (so long as you are not accused of doing anything else wrong more than a traffic offense).  See the Harris County District Attorney’s website for more information about the Misdemeanor Marijuana Diversion Program.  Inevitably Marijuana will be legalized, at least for medical use, nationwide.

But in the mean time, don’t get caught with THC concentrate in Texas or you are facing the following consequences if you are charged with 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).  Don’t take a deal until you consult with an attorney familiar with defending THC concentrate cases.

If the stop of your vehicle is illegal, or if the search of your person or property is illegal, your attorney may be able to suppress the evidence at trial.  Many counties also have diversion programs for these types of offenses.  Call LeGrande Law today to find out your options!

CHARGED WITH POSSESSION OF THC?

If you are accused of any drug crime, including Possession of THC Concentrate, you need an attorney with a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW for a 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)