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Secrets of the Texas Criminal Justice System and Your Rights
With more and more states legalizing marijuana for medical and recreational usage, the market has exploded with innovative ways to deliver tetrahydrocannabinol (THC), the active ingredient in marijuana, to consumers.
In the state of Texas, however, marijuana in any form is illegal, and THC extracts and concentrates, such as those that may be found in marijuana teas and juices, are considered to be controlled substances. This means that possessing even a small amount of any THC concentrate can result in a felony conviction.
Given these potential ramifications, you may wish to consult with a Lubbock possession of marijuana teas and juices lawyer as soon as possible. A skilled defense attorney could assert your rights and protect your interests at every step of the case.
THC and Marijuana Laws in Texas
Under Texas law, marijuana is illegal for individuals to knowingly or intentionally possess. This includes all types of marijuana, regardless of its form. The catch, however, is that Texas law differentiates between loose-leaf marijuana and marijuana concentrates and extracts.
While traditional pot has its own set of less severe penalties for possession according to weight, THC concentrates or extracts fall into a controlled substances category. As a result, the potential criminal charges and punishments for marijuana leaves and THC tea or juice, for example, are completely different.
For example, individuals who possess a small amount of marijuana can face a fairly minor Class B misdemeanor charge, although it does carry the possibility of up to 180 days in jail. The smallest amount of THC, however, can result in a state jail felony charge, with a jail sentence ranging from 180 days to two years.
Likewise, the Class B misdemeanor can result in a fine of up to $2,000, whereas the state jail felony can result in a fine of up to $10,000 under Texas Penal Code §§12.22,12.35.
THC as a Controlled Substance
Some marijuana teas and juices may contain loose-leaf marijuana that has been brewed into tea or “juiced.” However, other marijuana teas or juices may contain a THC concentrate or extract, which delivers more of an impact to individuals than marijuana leaves.
Texas Health and Safety Code §481.183 categorizes any form of THC, including oils, concentrates, and extracts, as a Penalty Group 2 controlled substance. Thus, the tiniest amount of THC in any substance, such as teas or juices, could bring about a felony charge, whereas possession of small amounts of marijuana brings only a misdemeanor charge.
Since the potential punishments for possessing THC are so serious, getting the advice of a marijuana teas and juices attorney in Lubbock may be extremely helpful to you.
Potential Penalties for Possession of Marijuana Teas and Juices
Texas law assigns penalties to the possession of THC according to weight. In calculating the total weight of the THC in an individual’s possession, law enforcement officials will include the weight of all diluents.
Therefore, while a bottle of juice might contain less than two grams of THC, all of the liquid contained within the bottle weighs significantly more.
As the weight increases, so do the penalties; in some cases, possession of THC, even if it has been diluted substantially with a liquid, can cause individuals to face felony charges that can result in years or even life in prison.
Talk to a Lubbock Possession of Marijuana Teas and Juices Attorney Today
While you might not be too bothered by the prospect of a misdemeanor conviction for possession of marijuana, you should be wary of the potential ramification of ingesting THC-infused liquids, such as teas and juices.
An experienced Lubbock possession of marijuana teas and juices lawyer could assess your situation and determine the best strategy for fighting the charges against you and minimizing their impact on your personal and professional life. Call today to schedule a case review.