Austin Possession of THC Lawyer or Tetrahydrocannabidiol in Texas By Jason Trumpler, P.C. on April 28, 2020

Possession of THC Attorney and Possession of Dabs Lawyer in Austin, Texas

CONTACT US TODAY AT 512-457-5200

The State of Texas punishes possession of a marijuana concentrate or tetrahydrocannabinol or THC much more harshly than possession of marijuana. On the street, people frequently people call marijuana concentrate or THC, dabs, butane hash oil (BHO), honey oil, budder, shatter, hash, hash oil, and wax. Marijuana concentrate like dabs, hash, and hash oil are not considered marijuana by Texas courts. The Texas Health and Safety Code instead of groups THC with more dangerous drugs like ecstasy, MDMA or molly, PCP, and mescaline. While the Texas Health and Safety Code classifies possession of under four ounces of leaf marijuana is as a Misdemeanor, Possession of THC - like dabs, hash, or hash oil – is as a Felony. A Felony conviction will have severe effects on your housing and employment prospects.

If the State has charged with Possession of a Marijuana Concentrate or Tetrahydrocannabinol (THC) in or around the Austin, Texas area, an experienced attorney may be able to assist you in getting your charges reduced or dismissed.

I Heard It Was Legal Now?

Recent trends in legislation have made possession of hemp and CBD products in the State of Texas legal. These products can contain up to 3% THC. Officers lack the requisite training and experience to simply visually inspect hemp and CBD products to differentiate them from their illegal counterparts. Moreover, labs in Texas currently do not have the training or the necessary lab equipment to do quantitative analysis of marijuana, hemp, THC, and CBD products to determine THC content to decide whether or not it falls within the legal threshold. Therefore, there has been a trend in larger communities to decline to prosecute marijuana and THC related crimes since the law changed in June 2019, making hemp and CBD legal. The decision by larger jurisdictions to decline to prosecute has led to a massive pushback from Republicans in the legislature and the governor's office to fund equipment for the quantitative analysis of THC. This decision has also led to a push for legislation or an executive order to force counties to prosecute marijuana and THC cases. A law change or executive order would effectively rollback any progress toward any sort of decriminalization in recent months. You can expect cities and counties, including Austin, Texas, and Travis County, to start prosecuting marijuana and THC cases again soon.

A recent memo put out by the Texas Department of Public Safety (DPS) indicates that they have approved a laboratory method for testing dry marijuana quantitatively for THC content. The memo stated that DPS expects to be able to analyze all of its backlogged felony dry marijuana cases (they will not test their backlog of Misdemeanor cases). DPS went on to state that it plans to have a method approved for testing THC oil and edibles sometime later this year. Once that method is approved, you can expect that the legislature or the governor's office will compel counties to start prosecuting marijuana and THC cases again.

Punishment

Even though the active component in both marijuana and marijuana concentrates (THC) is the same, the law treats the two substances very differently. Most possession of marijuana convictions (as long as the amount is under four ounces) are Misdemeanors. Possession of a THC (tetrahydrocannabinol) is a Felony.

Under One Gram
- State Jail Felony
  - 6 Months to 2 Years in the State Jail; and,
  - Fine up to $10,000.
One Gram to 4 Grams
- 3rd-Degree Felony
  - 2 to 10 Years in the Texas Department of Criminal Justice Institutional Division; and,
  - Fine up to $10,000.
Four Grams to Four Hundred Grams
- 2nd-Degree Felony
  - 2 to 20 Years in the Texas Department of Criminal Justice Institutional Division; and,
  - Fine up to $10,000.
Four Hundred Grams or More
- 1st-Degree Felony
  - 10 Years to Lifetime Imprisonment the Texas Department of Criminal Justice Institutional Divisional; and,
  - Fine Up to $50,000.

In addition to fines, jail time, and possible prison time, DPS will automatically suspend upon conviction of a drug offense. Moreover, these penalties significantly increase if the State alleges that you possessed THC in a "Drug-Free Zone" or if the State charges you with Manufacture or Delivery (sales).

Contact Us at 512-457-5200

If the State has arrested you or someone you know for possession of a THC (tetrahydrocannabinol)– like dabs, hash, wax, shatter, or hash oil – contact the Law Office of Jason Trumpler at 512-457-5200 today. Jason Trumpler is a criminal defense attorney with 20 years of experience. He currently practices in Central Texas in counties including Travis, Hays, Williamson, Caldwell, Bastrop, Burnet, Comal, Coryell, and Bell counties. You can reach us at 512-457-5200.

Austin Criminal Defense Attorney Jason Trumpler can also help if the State has charged you or someone you know with any other type of criminal offense, including, but not limited to: