THC VAPING: FACTS & FICTION

There has been a lot in the news recently about lung diseases associated with vaping products. Much of the news coverage has identified “illicit THC” vaping products as being the main culprit – but how much of this news coverage is truth, based on facts, and how much of the media coverage is fear-mongering and misinformation? This blog-post will attempt to put inform the public about some of the facts about THC vapes, and dispel some of the fiction that has been disseminated by the news media.

FACT: LUNG DISEASES HAVE DEVELOPED IN PEOPLE AFTER VAPING PRODUCTS THAT CONTAINED THC.

In a press release from October 8, 2019, the Centers for Disease Control (CDC), informed the following regarding the outbreak of vape associated lung diseases:

  • 1,299 cases of lung disease associated with some type of vaping
  • Twenty-six deaths have been reported in 21 states in the US
  • Most patients reported a history of using tetrahydrocannabinol (THC)-containing products. The latest national and state findings suggest products containing THC, particularly those obtained off the street or from other informal sources. (e.g. friends, illicit dealers), are linked to most of the cases and play a major role in the outbreak.
  • Exclusive use of nicotine containing products has been reported by some patients with lung injury cases, and many patients with lung injury report combined use of THC- and nicotine-containing products. The possibility that nicotine-containing products play a role in this outbreak cannot be excluded.

FICTION: VAPING THC IS A CAUSE OF LUNG DISEASES

As with all illicit drugs, they are not regulated. Because they are not regulated, some of the vaping products that are being sold on the black market contain additives and flavorings that are linked to lung diseases. HOWEVER, the THC itself is NOT the cause of the outbreak of lung diseases!
It’s not clear how often vaping might lead to lung trouble or who is at highest risk. For example, are lung problems more common among vapers who already have breathing problems (such as asthma) or who use marijuana? Is it more common among younger individuals? Does use of e-cigarettes cause the lung disease? Or is an added substance (such as marijuana) or another contaminant the culprit? Since the FDA does not actively regulate e-cigarettes, it’s particularly difficult to get answers.

FACT: MORE CASES OF LUNG DISEASE HAVE DEVELOPED IN THOSE VAPING ILLICITLY MANUFACTURED THC

Most of those that have been diagnoses with a vaping related lung illness reported a history of vaping (THC)-containing vaping products. This has been reported in numerous stories in the media (albeit in a misleading way).

FICTION: VAPING LEGAL THC CONTAINING VAPING PRODUCTS IS DANGEROUS

There has not been a single reported vape related illness from the use of legally obtained THC containing vaping products. I challenge anyone to come forward with information about a vaping related illness where someone never consumed an illicit THC containing product (and I will happily change my position).

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

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MEXICO LEGALIZES RECREATIONAL COCAINE USE

The legal climate in Mexico right now has unexpectedly come out on the side of individual liberty and against the drug war, even as they spent billions of dollars fighting that drug war every year. One could argue that the legal system is in conflict with the political goals of the country in the drug war. The caveat to the ruling is that it only applies to use and possession and does not authorize transfer or sale – an interesting legal gymnastics that will likely be modified over time.

Advocates of the ruling like Lisa Sanchez of Mexicans United Against Crime have commented: “This case is about insisting on the need to stop criminalizing … drug users and designing better public policies that explore all the available options.”

On the political side – the opposition is obvious, with the Mexican government’s Federal Commission for the Protection against Sanitary Risk saying it will attempt to block the judge’s order, which was handed down earlier this year and first announced Tuesday.

On the legal side their is review as well, with a panel of judges set to review the ruling and decide whether it should be carried out.

In Texas, possession of cocaine is a felony offense if you are in possession of any detectable amount (even residue that cannot be weighed in a lab). Section 481 of the Texas Health and Safety Code regulates cocaine possession – with it being listed as a Penalty Group 1 substance.

You will sometiemes see cocaine possession as “PCS PG1” on court paperwork. The penalties for possession of cocaine in Texas are as follows:

  • Less than one gram: State Jail Felony (6mo – 2Y state jail).
  • 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
  • 4 to 200 grams: 2nd Degree Felony ( 2 – 20Y TDCJ)
  • 200 to 400 grams: 1st Degree Felony (5 – 99Y TDCJ)
  • More than 400 grams: 10 to99 years, or life

CATCH A DRUG CASE?

If you are accused of possession of cocaine or ANY controlled substance drug crime

Contact attorney Tristan LeGrande TODAY!

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

I will not answer any questions and I will not make any statement.

Seems simple enough, but the majority of clients that call me with a legal issue do so AFTER they have already spoken to the police, made a statement, or even given a recorded interview. This can seriously damage their defense – if you the police are investigating a crime and they either tell you that you are a suspect, you think you may have done something illegal, or you have any reason to think you might be suspected of doing anything illegal – DO NOT SPEAK TO THE POLICE AND DO NOT ANSWER ANY QUESTIONS.

As you probably already know, the right to remain silent is an important right. The 5th Amendment to the US Constitution acknowledges the right not to be compelled to offer evidence against yourself. The “Miranda” rights we are all familiar with hearing from television is a reflection of the Supreme Court recognizing this very important right. What you don’t say can’t hurt you. If you find yourself in a situation where the police want yo question you or have you make a statement, you need to calmly, but assertively, inform the officer (or agent, investigator, etc) …

  1. You will not be making any statement
  2. You will not be answering any questions
  3. If you are under arrest, you want to speak to a lawyer immediately.

Many people are intimidated when the police contact them and ask them to come in and answer questions or make a statement. Make sure you listen carefully to what the officer tells you – they are REQUESTING that you make a statement or answer questions. They will likely want you to sign something waiving the important rights I mentioned earlier. DO NOT DO IT.

One final important caveat is that you must ASSERT your right to remain silent if you are arrested. Simply staying quiet is not enough. If the police are asking you questions, you need to state simply “I am using my right to remain silent,” or something to that effect. Unfortunately, some cases have required this type of assertion to invoke all of your 5th amendment protections. See Salinas v. Texas, 133 S.Ct. 2174 (2013)

Before you even consider talking to the police, contact attorney Tristan LeGrande for a free consultation. If you have already been charged with a crime, don’t leave it up to chance! Hire an aggressive attorney with a track record of success!

LOCKED UP?

CALL LEGRANDE LAW!

281-684-3500

If you are accused of ANY CRIME, do not leave your future up to chance! You need an attorney with a track record of fighting criminal cases!

 Attorney Tristan LeGrande GETS RESULTS – CALL NOW – Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

http://www.legrandelaw.com
http://www.houstondrugattorney.net

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 erroneous decision to treat concentrated THC different than flower Marijuana, and designated THC concentrate a felony under TX law [Penalty group 2 of Section 481 of the Texas Health and Safety Code].  Review other controlled substances in this penalty group, and you find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will dispute that THC is a lot different than molly, but both are treated the same in the Texas Health and Safety Code.

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

Inevitably Marijuana will be legalized 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.  THC Concentrate are treated differently 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 & WINNING THC concentrate cases.

If a traffic stop 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

CLIENT REVIEWS OF LEGRANDE LAW

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Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

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