Many people are shocked to discover that possession of even a small amount of THC oil is treated far more harshly than possessing a similar amount of marijuana flower. This isn't a minor distinction; it can be the difference between a misdemeanor and a life-changing felony. It can mean years in prison and thousands of dollars in fines. If you're in Texas or Colorado, it's crucial to understand why these charges are so serious and what you're up against.
Not All Cannabis Is Created Equal Under Texas Law
While some states have moved toward decriminalization, Texas remains one of the strictest when it comes to marijuana laws. The law makes a critical distinction between marijuana plant material and cannabis concentrates like THC oil, wax, or edibles. This is because these concentrates have a much higher potency. Under the Texas Controlled Substances Act, THC oil is classified as a Penalty Group 2 drug. This places it in the same category as substances like MDMA and ecstasy, with much more severe penalties.
Meanwhile, possessing a small amount of marijuana flower (under two ounces) is only a Class B misdemeanor. This stark difference means that a person caught with a single THC vape cartridge or a dab pen with residue could face felony charges, while someone with a small bag of weed might only get a misdemeanor.
The Harsh Reality of the Penalties
The penalties for THC oil possession in Texas are severe and escalate quickly based on the amount. Don't think a tiny amount will be a slap on the wrist; that’s simply not how the law works here.
Less than 1 gram: This is a state jail felony, which can result in 180 days to two years in a state jail facility and fines up to $10,000.
1 to 4 grams: This is a third-degree felony, punishable by two to 10 years in prison and up to a $10,000 fine.
4 to 400 grams: This is a second-degree felony, with a penalty of two to 20 years in prison and a fine of up to $10,000.
Over 400 grams: This is a first-degree felony, which carries a sentence of five to 99 years in prison and a fine up to $50,000.
The weight of the entire product—including things like brownies, cookies, or gummies—is often included in the total weight, which can quickly push a small amount into a more serious charge. These aren’t just fines and a temporary inconvenience; these are penalties that can destroy your future, making it difficult to find a job or housing and leaving you with a criminal record.
Fight Back with a Determined Defense
A criminal charge doesn’t have to define you. The prosecution will do everything in its power to secure a conviction, so you need a dedicated defense attorney to level the playing field. You must be proactive and confident in your defense. At Tisdell Law Firm, we don’t sugarcoat your situation or make empty promises. We will assess your case, provide you with straightforward legal options, and relentlessly fight for the best possible outcome. This is a battle for your future, and you don’t have to fight it alone.
Got Weed? Get Help.
Whether you're dealing with THC oil charges or other marijuana-related crimes, you need a firm that understands the complexities of state and federal law. Our firm was built with an emphasis on marijuana defense, and we provide reliable legal solutions in Texas and Colorado. We believe in real talk and real defense. When you need a fighter, we're here.
Call us today at (806) 216-3226 for a free consultation. Protecting your future starts now.