• An upward trend of illegal Tetrahydrocannibinol (“THC”) vaping cases have been brought to the forefront of offenses in Hutto and surrounding communities.  Several cases involving juveniles within the school district.  The Hutto ISD Police Department, in conjunction with the district, have teamed up to campaign against the illegal use of THC. 

     

    POSSESSION OF THC CONCENTRATE IS A FELONY

    Possession of any detectable amount of Tetrahydrocannibinol (“THC”), also known as wax, dabs, shatter, marijuana concentrate, (whether in a vape-pen or otherwise), is a Felony in Texas.

    EVEN IF alleged to be in possession of less than a gram of THC concentrate, it is a State Jail Felony – 6 months to 2 years in a Texas State Jail facility, and a fine not to exceed $10,000. Enhanced one degree higher if offender is charged within a school zone.


    HOW DID POSSESSION OF THC BECOME A FELONY IN TEXAS?

    The Texas legislature can be a dangerous thing.  Case in point: Illogical legislation like the provisions of the Texas Health and Safety Code which designate concentrated THC as a controlled substance in Penalty group 2 of Section 481 of the Texas Health and Safety Code.  Take a look at other controlled substances in this penalty group, and ypu will find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will argue that Marijuana concentrate is a lot different than molly, but both are treated the same under Texas law.

    Many people I talk to find it astonishing that marijuana concentrate possession is a felony in Texas because in places like Harris County, Texas, possession of up to a quarter of a pound of marijuana (up to four ounces) is a Misdemeanor. If found in possession of less than 4 ounces of marijuana in Harris County, you do not even get arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

    Inevitably Marijuana will be legalized, at least for medical use, nationwide. It is not really a matter of if, but when.  However, don’t get caught with THC concentrate in Texas or you are facing the Felony consequences…

    Possession of THC Concentrate:

    • Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
    • 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)
    • 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 
    • More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000

    If charged with possession with intent to manufacture or deliver THC concentrate:

    • Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
    • 1 to 4 grams: 2nd  Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000)
    • 4 to 400 grams: 1st Degree Felony (5 – 99 Yrs in TDCJ, and a fine up to $10,000)
    • More than 400 grams: 10 to 99 yrs or life in TDCJ, and a fine not to exceed $100,000

     

     

     

    Courtesy: LeGrande Law