In August 2018, Reuters reported that approximately 10.8 million American adults, about one in 20, are currently using e-cigarettes. While vaporizers are commonly used for tobacco products, there are also cannabis oils that have been used for vaping. Texas Governor Greg Abbott signed the Texas Compassionate Use Act, or Senate Bill 339 (SB 339), in June 2015 and gave qualified physicians the authority to prescribe low-tetrahydrocannabinol (THC Concentrates) cannabis oils for the treatment of intractable epilepsy.

Low-THC oils do not have the same euphoric effects of marijuana, but other prohibited cannabis oils have higher THC levels that do produce the same effects.

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THC Concentrates Defense Lawyer | Ft Worth, Arlington, Grapevine, Southlake, TX

Were you or your loved one arrested for a THC concentrates offense in the greater Fort Worth area? You cannot afford to take your criminal charges lightly, as prosecutors will aggressively seek maximum sentences for these crimes.

The Law Offices of Richard C. McConathy knows how to defend people accused of THC concentrate offenses. Call (817) 422-5350 or contact us online today to schedule a consultation.

THC Concentrates Charges in Tarrant County

Marijuana is defined under Texas Health and Safety Code § 481.002(26) 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.” The definition excludes:

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

Marijuana is not classified in a Penalty Group but Penalty Group 2 includes THCs other than marijuana, dronabinol, and “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.” Penalty Group 2-A includes cannabinol derivatives such as tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives.

THC Concentrates Penalties in Texas

Texas Health and Safety Code §481.1161 establishes that knowing or intentional possession of a controlled substance in Penalty Group 2-A is punishable as follows:

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

More Than 2,000 Pounds — An enhanced first-degree felony punishable by a fine of up to $50,000 and/or a minimum of five years up to 99 years or life in prison.

Under Texas Health and Safety Code §481.116, possession of a controlled substance listed in Penalty Group 2 is classified as follows:

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

Texas Health and Safety Code §481.113 establishes that knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A is punishable as follows:

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

THC Concentrates Defenses in Fort Worth

Because so many THC crimes in Texas require an alleged offender to have acted knowingly, one simple defense could be that an alleged offender did not realize they were committing a crime. Alleged offenders may be charged after buying certain oils in jurisdictions where their sale is legal.

Another common defense concerns illegal search and seizure by police. When officers violate your Fourth Amendment rights in a THC concentrate arrest, it can jeopardize the legality of the evidence they obtain.

Tarrant County THC Concentrates Resources

The Facts About Marijuana Concentrates | Just Think Twice — Visit this section of the DEA website to learn more about marijuana concentrates. You can also find information about how concentrates are used, the potency of concentrates, and related facts about marijuana. The website also discusses the effects of marijuana concentrates.

Marijuana Concentrates THC Extractions | DEA — View a Drug Enforcement Administration (DEA) document about THC extractions that discusses THC extraction labs. The document discusses how concentrates are created and list THC concentrate street names. You can also find information about the short and long-term effects of cannabis concentrates.

Find A Tarrant County Defense Attorney for THC Concentrates | Law Offices of Richard C. McConathy

If you or your loved one were arrested for a THC concentrates crime in Fort Worth or another area in Tarrant County, be quick to get yourself legal representation. The Law Offices of Richard C. McConathy can fight to get your criminal charges reduced or dismissed.

Our firm serves both residents and visitors to Tarrant County. We can examine your case as soon as you call (817) 422-5350 or contact us online to receive a free consultation.