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Secrets of the Texas Criminal Justice System and Your Rights
While many states have legalized marijuana and THC products in recent years, Texas has not moved in that direction. Marijuana, as well as its derivatives and concentrates containing THC, remain illegal controlled substances under Texas law. If you or a loved one is accused of possession of marijuana or any product containing THC, you may need the assistance of an Amarillo THC possession lawyer.
A conviction can result in fines, incarceration, and a permanent criminal record that can affect your life for years to come. Having an experienced criminal defense lawyer to represent your interests throughout any criminal proceedings could make a critical difference in the outcome of your case.
THC Possession in Amarillo
Texas Health and Safety Code § 481.001(26) defines marijuana as the cannabis sativa plant, its seeds, and all compounds, salts, derivatives, mixtures, and preparations containing the plant or its seeds. This definition explicitly excludes tetrahydrocannabinol (THC) the resin extracted from a portion of the plant. THC is the psychoactive substance in marijuana that gives individuals a high.
Due to the distinction made in this definition, any products containing THC are classified differently than marijuana flower under the Texas Controlled Substances Act. This means that the penalties also differ substantially. While marijuana falls within a separate category than other controlled substances under Texas law, THC products fall into Penalty Groups 2 and 2-A.
As a result, possession of THC can have severe consequences. Many Texas residents legally purchase these products in other states with the misconception that they also are legal in Texas. As a THC possession lawyer in Amarillo may attest, unless there are significant changes to state law in the future, these substances will remain illegal.
Illegal THC-Containing Products
THC is a component of various products on the market, including oils, hash, concentrates, and extracts. CBD oil is one of the most common substances that contains varying amounts of THC. Other substances generally contain much higher concentrations, even higher than those found naturally in marijuana.
Aside from CBD oils, THC products on the market have taken many different forms, including foods such as gummies, brownies, and candies. THC is also a component of some drinks and teas. Regardless of the form of product, all these THC products remain illegal under Texas law as controlled substances.
Potential Penalties for Possession of THC
Due to the differentiation between marijuana and THC, the penalties for possession of the two are far different. For instance, possession of marijuana under Texas Health and Safety Code § 481.121 is a Class B misdemeanor for less than two ounces and a Class A misdemeanor for between two and four ounces. Possession of greater amounts of marijuana results in progressively higher levels of felony charges.
On the other hand, possession of less than one gram of a THC oil, extract, or concentrate is a state jail felony under Texas Health and Safety Code § 481.116. A conviction for a state jail felony can result in a sentence of incarceration ranging from 180 days to two years. Likewise, possession of progressively more significant amounts of THC products will result in higher degrees of felony charges.
Felony offenses also carry the potential for thousands of dollars in fines and result in the automatic suspension of driving privileges. As a result, individuals who are facing charges may wish to look to a THC possession attorney in Amarillo for advice.
Contact an Amarillo THC Possession Attorney for Assistance
Contrary to what most people believe, possession of THC products often results in far higher penalties than possession of marijuana. Depending on the type and amount of THC product found in your possession, you are likely to face felony charges with potentially harsh consequences. An Amarillo THC possession lawyer could evaluate your situation and work toward a positive resolution to your criminal proceedings.
Having legal counsel by your side may increase your chances of success. Legal representation can allow you to have a clearer picture of the potential penalties that you are facing and your options for resolving them.