Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
Texas law classifies illegal drugs into penalty groups. These penalty groups determine the level of punishment for individuals who are caught possessing or distributing the drug.
While marijuana is treated differently than other drugs under Texas law, tetrahydrocannabinol (THC) extracts and concentrates are classified as a Penalty Group 2 controlled substances under Texas Health and Safety Code § 481.103.
If you are accused of possessing any of these drugs, you should highly consider contacting a Lubbock possession of THC extracts and concentrates lawyer for advice.
Common Examples of THC Concentrates
THC is the chemical term for the resin derived from the cannabis plant, whether organic or synthetic. Some common examples of THC extracts and concentrates include the following:
- Wax, or a sticky form of THC concentrate
- Oil, a concentrated from THC made with CO2 or butane
- Shatter, or a hard glass-like form of THC concentrate
- Crumble, or a THC concentrate of a dry consistency
- Budder, or a type of hash oil that consists of THC of 70% or more
As a result of the difference in their legal classification, extracts and concentrates containing THC can lead to far more serious punishments than possession of marijuana.
In fact, even a small amount of a THC extract or concentrate can result in a felony possession charge under Texas law, whereas possession of a small amount of marijuana is a misdemeanor possession charge.
What are the Penalties for Possession of THC Extracts?
Possession of less than one gram of a THC extract or concentrate is charged as a state jail felony pursuant to Texas Health and Safety Code § 481.116. A state jail felony may result in a sentence of imprisonment ranging from 180 days to two years.
It is a third-degree felony to possess one to four grams of a THC extract or concentrate. Pursuant to Texas Penal Code § 12.34, a third-degree felony carries a potential sentence of incarceration of two to ten years.
Possessing four to 399 grams of a THC extract or concentrate is a second-degree felony. Individuals who are convicted of a second-degree felony can face a sentence of imprisonment from two to 20 years.
Individuals who possess 400 grams or greater of a THC extract or concentrate can face a first-degree felony, which carries a sentence of life imprisonment or a term of incarceration ranging five to 99 years.
All of the crimes listed above also carry a potential fine of up to $10,000. Additionally, a drug conviction results in an automatic driver’s license suspension under Texas law.
Because the potential penalties can be harsh, those accused should consider retaining a skilled Lubbock possession of THC extracts and concentrates attorney for help minimizing the impact on their life.
Call a Lubbock Possession of THC Extracts and Concentrates Attorney Today
Possession of THC extracts or concentrates is a felony under Texas law, and a felony conviction can have severe consequences. Contacting a Lubbock THC extracts and concentrates lawyer may be crucial to building a strong defense to these charges and determining the strategy that may best benefit you in court. Call today to schedule a consultation.