Marijuana / THC Concentrates and Oils

Home » Criminal Defense » Marijuana Offenses » Marijuana / THC Concentrates and Oils

When Texas Governor Greg Abbott signed Senate Bill 339 (SB 339), otherwise known as the Texas Compassionate Use Act, on June 1, 2015, the legislation allowed qualified physicians will be able to prescribe low-tetrahydrocannabinol (THC) cannabis oils for the treatment of intractable epilepsy. Cannabis oils (commonly referred to as “hash oil,” “shatter,” or “wax”) have seen an increase in popularity nationwide because of the increased usage of vaporizers.

While marijuana concentrates can often be assumed to be legal because oils do not physically resemble actual cannabis plants, the truth is that these oils are classified under a completely different Penalty Group in the Texas Health and Safety Code. People charged with possession of cannabis oils can actually face more serious penalties than alleged offenders accused of possessing a similar amount of actual marijuana.

Attorney for THC Concentrates and Oils Arrests in Georgetown, TX

Were you arrested in Central Texas for alleged possession of a marijuana concentrate or THC oil? You should not make any kind of statement to authorities without legal representation. Contact Price & Twine, PLLC right away.

Georgetown criminal defense lawyer Michael J. Price aggressively defends clients accused of marijuana offenses all over Williamson County and Bell County, including Harker Heights, Hutto, Belton, Cedar Park, Georgetown, many other nearby communities. He can provide a complete evaluation of your case when you call (512) 354-1880 to schedule a free, confidential consultation.

Overview of Marijuana / THC Concentrates and Oils in Texas

Back to top

Difference Between Marijuana and THC Concentrates or Oils in Williamson County

Texas Health and Safety Code § 481.002(26) defines marijuana (referred to in the statute as “marihuana”) as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” This definition does not include:

  • the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
  • the mature stalks of the plant or fiber produced from the stalks;
  • oil or cake made from the seeds of the plant;
  • a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;  or
  • the sterilized seeds of the plant that are incapable of beginning germination.

Marijuana is not classified under any specific Penalty Group under the state’s list of controlled substances. Penalty Group 2, however includes dronabinol and THCs other than marijuana as well as “synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.” Cannabinol derivatives, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, are classified under Penalty Group 2-A.

Back to top

Marijuana / THC Concentrates and Oils Penalties in Georgetown

If an alleged offender knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, that person can face the following possible sentences under Texas Health and Safety Code §481.116, depending on the amount of cannabis oil he or she allegedly possessed:

  • Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 1 Gram or More, But Less Than 4 Grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
  • 4 Grams or More, But Less Than 400 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000; or
  • 400 Grams or More — Enhanced first-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000.

Knowingly or intentionally possessing a controlled substance listed in Penalty Group 2-A carries the following possible sentences under Texas Health and Safety Code §481.1161,

  • 2 Ounces or Less — Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000;
  • 4 Ounces or Less But More Than 2 Ounces — Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000;
  • 5 Pounds or Less But More Than 4 Ounces — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 50 Pounds or Less But More Than 5 Pounds — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
  • 2,000 Pounds or Less But More Than 50 Pounds — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000; or
  • More Than 2,000 Pounds — Enhanced first-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000.

When an alleged offender knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A, convictions can result in the following sentences under Texas Health and Safety Code §481.113:

  • Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 1 Gram or More, But Less Than 4 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
  • 4 Grams or More, But Less Than 400 Grams — First-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $10,000; or
  • 400 Grams or More — Enhanced first-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

Back to top

Texas Resources for Marijuana / THC Concentrates and Oils

The Facts About Marijuana Concentrates | Just Think Twice — On this section of the Drug Enforcement Administration (DEA) website, you can learn more about marijuana concentrates. Find information about the potency of marijuana concentrates, how such concentrates are used, and related facts about marijuana. You can also learn about some of the effects of using marijuana concentrates.

Year in Review: Teen causes stir after pot brownie arrest — In 2014, police officers in Round Rock responded to a call about a marijuana smell coming from an apartment and found 660 grams—almost a pound and a half—of brownies and cookies made with hash oil as well as 145 grams of pure hash oil and 16 ounces of marijuana. The 19-year-old owner of the brownies originally faced a possible life sentence because of the first-degree felony charges relating to the weight of the brownies, but the Williamson County District Attorney’s office ultimately dropped the first-degree felony charge. The teenager pleaded guilty to a second-degree felony charge of possession of THC in exchange for a sentence of seven years’ probation.

Back to top

Price & Twine, PLLC | Georgetown Marijuana / THC Concentrates and Oils Defense Lawyer

If you have been charged with allegedly possessing cannabis oil or THC wax in Central Texas, it will be in your best interest to immediately retain legal counsel. Price & Twine, PLLC can fight to possibly get these criminal charges reduced or dismissed.

Michael J. Price is an experienced criminal defense attorney in Georgetown who represents residents of and visitors to Taylor, Temple, Killeen, Liberty Hill, Leander, Round Rock, and many other surrounding areas in Williamson County and Bell County. Call (512) 354-1880 or fill out an online contact form today to have our lawyer review your case and answer all of your legal questions during a free initial consultation.

 

Back to top