Possession of THC Oil, Wax, Concentrate in Texas
Your Guide to Understanding THC Concentrate Laws
At Tisdell Law Firm, we understand how overwhelming it can be to face criminal charges, especially for THC oil possession in Texas. While many states have relaxed their marijuana laws, Texas continues to enforce some of the harshest penalties for THC concentrates. Even a small amount of THC oil, commonly found in vape cartridges, dabs, or tinctures, can result in a felony charge.
If you or a loved one has been arrested for THC oil possession, it is crucial to seek legal representation immediately. A strong defense can make the difference between a felony conviction and a dismissed case. Our experienced attorneys will fight to protect your rights, challenge the evidence, and work toward the best possible outcome.
A felony conviction can change your future. Let us fight for you. Contact us now at (806) 216-3226 to protect your rights!
What Is THC Oil?
THC oil is a highly concentrated form of tetrahydrocannabinol (THC), the psychoactive compound in marijuana. Unlike traditional marijuana, THC oil is extracted and refined into potent forms such as:
- Vape cartridges
- Dabs, wax, and shatter
- THC-infused tinctures and oils
- Edibles made with THC concentrates
Many users turn to THC oil because of its potency and ease of use. However, under Texas law, possession of any amount of THC concentrate—even a fraction of a gram—is automatically considered a felony offense.
Texas Laws on THC Oil Possession
Texas categorizes THC oil under Penalty Group 2, placing it alongside other controlled substances such as MDMA and ecstasy. This classification leads to much stricter penalties than regular marijuana possession.
Penalties Based on Amount of THC Oil Possessed
- Less than 1 gram – State Jail Felony
- Penalty: 180 days – 2 years in a state jail facility
- Fine: Up to $10,000
- 1 to 4 grams – Third-Degree Felony
- Penalty: 2 – 10 years in prison
- Fine: Up to $10,000
- 4 to 400 grams – Second-Degree Felony
- Penalty: 2 – 20 years in prison
- Fine: Up to $10,000
- Over 400 grams – First-Degree Felony
- Penalty: 5 – 99 years in prison
- Fine: Up to $50,000
Because of these harsh penalties, even a first-time offender caught with a small amount of THC oil could end up with a felony record. A conviction can impact employment, housing, and future opportunities—which is why it’s critical to fight the charges with an experienced defense attorney.
How THC Oil Charges Differ from Marijuana Possession
Many Texans are surprised to learn that THC oil is treated more severely than marijuana flower. While small amounts of marijuana (under 2 ounces) are classified as Class B misdemeanors, even trace amounts of THC oil result in felony charges.
This means if you're caught with:
- A single THC vape cartridge → You face a felony charge
- A small dab pen with residue → You face a felony charge
- THC edibles infused with concentrate → You face a felony charge
Texas law does not differentiate between personal use and intent to distribute when it comes to THC oil. Even if you have just enough for yourself, the law still applies harsh felony penalties.
Possible Defenses for THC Oil Possession Charges
At Tisdell Law Firm, we build strong legal defenses based on the specifics of each case. Some of the most effective strategies for challenging THC oil charges include:
- Unlawful Search and Seizure – If police violated your Fourth Amendment rights by searching your car or home without a warrant or probable cause, evidence may be thrown out.
- Lack of Knowledge – If you were unaware the substance contained THC oil (for example, borrowing a friend’s vape pen), this could be a valid defense.
- Lab Testing Errors – The prosecution must prove the substance is a THC concentrate through lab testing. Any errors in testing could weaken the case against you.
- Medical Necessity – In rare cases, a medical necessity defense may apply if you were using THC oil for legitimate medical reasons.
Our legal team will carefully review your case to identify the best defense strategy.
Additional Charges Related to THC Oil
Many THC oil possession cases also involve other related charges, including:
- Possession with Intent to Distribute – If police believe you intended to sell or share THC oil, you could face even harsher penalties.
- Delivery of Marijuana – Transporting or distributing marijuana products, including THC oil, can result in felony charges.
- Marijuana Cultivation – Although marijuana cultivation is illegal in Texas, some individuals extract THC oil from home-grown plants, leading to additional felony charges.
Why You Need an Attorney for Marijuana Possession or Possession of THC Oils
If you are arrested for having marijuana in your possession, you face a Class B misdemeanor, though for THC oils, you face far greater consequences. A state jail felony punishable by six months to two years in jail as a mandatory minimum sentence is incredibly harsh. The punishment for THC oil is worse than a marijuana charge.
Regardless of your charges, there are defenses that Tisdell Law Firm can use to prevent conviction. For example, if you endured an illegal search, we can protect your rights. The police officer must have reasonable suspicion that you have a controlled substance, and if the substance you had was merely CBD oil, which is legal in Texas, they have no grounds to charge you with marijuana-related offenses.
Additionally, possession of THC can only occur when a person knowingly or intentionally possesses it. If you were unaware that this form of marijuana was in your presence, there is no legal basis for your arrest. Individuals accused of possessing marijuana or THC concentrate in any form should not delay in getting the legal representation they deserve.
If you are facing felony possession charges for this controlled substance, speak to the criminal defense attorneys at Tisdell Law Firm to stand by your side throughout the criminal procedure.
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Penalties for Possession of Marijuana THC Concentrates in Texas
If you are arrested for possession of THC concentrate, you may face the following penalties.
State Jail Felony
A state jail felony is imposed for THC concentrates of less than 1 gram. You could face from six months or up to two years in state jail along with a maximum $10,000 fine.
Third Degree Felony
If you have 1 gram or more but still less than 4 grams, a felony in the third degree will result in two to 10 years in jail along with a $10,000 fine.
Second Degree Felony
A drug possession charge in the second degree for 4 grams or more that is less than 400 grams is a felony possession that will bring the same maximum fine of $10,000 as well as the potential for serving between two and 20 years in jail.
First Degree Felony
If convicted of having this type of controlled substance in an amount over 400 grams, you will face 10 years to a lifetime prison sentence. The fine could be as much as $50,000.
In addition to these penalties for a drug crime involving possession of marijuana concentrates, you will face the loss of your driver’s license. THC concentrate even in the smallest amounts has the potential to destroy your future job prospects or your current career. You will need a skilled attorney who can fight these charges on your behalf to preserve your future.
Hear From Our Clients
At Tisdell Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Adam Tisdell is the best attorney in the state!”- Patrick F.
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“Adam did more than I could ask for on that day, he literally brought tears to my eyes.”- Lole K.
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“I am 100% satisfied with the results of my case. I would definitely recommend Adam Tisdell.”- Myra
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“He was easy to contact and always answered any question we had.”- Jazmin S.
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“Charles did exactly what he said he would do.”- Patrick R.
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“Adam Tisdell is just overall a great kind hearted attorney who will put ALL his efforts in making sure that you receive the assurance necessary to beat your case.”- Miss V.
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“I hired Leah Thornton to handle my case and she helped me every step of the way!”- Alana W.
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“Adam works hard to get you the best result.”- Kevin P.
