Possession of THC aka “My weed pen is a felony!?”

It’s about to be 2019, and it’s no secret that the world of marijuana smoking has evolved.  Everyone has heard of “marijuana concentrated” products like dabs, hash oil, CBD oil, shatter, wax, etc.  Since legalization in other states these products have become more and more accessible to Texans.  Unfortunately, the law in Texas has not evolved as quickly as the market elsewhere.

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In the state of Texas, Possession of THC, such as your weed pen, is punished much more severely than possession of regular marijuana (i.e. flowers).  In fact, you’d have to have over 4 ounces of regular marijuana to get punished the same as having a gram of hash oil, wax, etc.  So, if you’re somebody that likes to hit their weed pen at the bar or in your car, you might as well know what could happen if you get caught with it.

Why So Serious?

The reason marijuana concentrated products carry such a serious criminal penalty is because of how Texas chooses to classify them.  In Texas, marijuana concentrates are treated the same as any other controlled substance (e.g. ecstasy or molly).  This decision by the Texas Legislature is why the penalties for “Possession of a THC” are so much more severe than Possession of Marijuana.  In other words, if you get arrested with dabs, wax, or hash oil then you’re looking at an automatic felony instead of a misdemeanor.

What are the Penalties?

Like most drug related crimes, the severity of the offense will depend on the amount of THC concentrated product you have on you.  The weight used to charge you should ONLY be for the actual amount of THC concentrate in the product and not anything else.  For example, if you have a weed brownie that weighs 100 grams, but there’s only 1 gram of hash oil in the brownies, then you should only be charged for possession of 1 gram and not 100 grams.  The corresponding weights and penalties for “Possession of a THC” are:

  • Under 1 gram = State Jail Felony
    • (6 months – 2 years in jail and a max fine of $10,000)
  • 1 – 3.9 grams = 3rd degree felony
    • (2 – 10 years in jail and a max fine of $10,000)
  • 4 – 399 grams = 2nd degree felony
    • (2 – 20 years in jail and a max fine of $10,000)
  • 400 grams or more = 1st degree felony
    • (10 years – life in prison and a max fine of $10,000)

As you can see above, regardless of the amount of marijuana concentrates you have, you’re looking at a felony charge.  Even if it’s your first offense.  Additionally, a conviction of a drug offense will result in the automatic suspension of your license.

So, think twice next time you choose to freely drive around with your weed pen sitting in the center console or when you want to take a puff in public.  Possession of a THC is a serious offense and shouldn’t be taken lightly.  If you’ve been charged with this offense then NOW is the time to start working on your defense.  Don’t delay, call Third Coast Law today!

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