In June 2015, Texas Governor Greg Abbott signed the Texas Compassionate Use Act, or Senate Bill 339 (SB 339), which allowed qualified physicians to prescribe low-tetrahydrocannabinol (THC) cannabis oils for the treatment of intractable epilepsy. Low-THC oils do not involve the euphoric effects resulting from marijuana use, but other cannabis oils have been made with higher THC levels.
The popularity of cannabis oils has been largely connected to the growth in the number of Americans using vaporizers. It is important to understand that Texas criminalizes the possession of oils with THC concentrates, and the penalties for these crimes can be even worse than marijuana possession charges in some cases.
THC Concentrates Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you or your loved one was arrested for a THC concentrates offense in the greater Plano area, it will be important for you to take the criminal charges seriously. Do not go to court without legal representation.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. We can explore all of your legal options when you call (469) 304-3422 or contact us online to take advantage of a free consultation.
THC Concentrates Charges in Texas
Texas Health and Safety Code § 481.002(26) defines marijuana 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.” This definition excludes:
- the mature stalks of the plant or fiber produced from the stalks
- the sterilized seeds of the plant that are incapable of beginning germination
- oil or cake made from the seeds of the plant
- a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake
- the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin
Although marijuana is not classified in a Penalty Group under the list of controlled substances in Texas, Penalty Group 2 does include 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.” Cannabinol derivatives such as tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives are included in Penalty Group 2-A.
THC Concentrates Penalties in Collin County
Under Texas Health and Safety Code §481.1161, knowing or intentional possession of a controlled substance in Penalty Group 2-A is punishable as follows:
- 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
- 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
- 50 Pounds or Less But More Than 5 Pounds —Third-degree felony punishable by fine of up to $10,000 and/or up-to 10 years in prison
- 5 Pounds or Less But More Than 4 Ounces —State jail felony punishable by a fine of up to $10,000 and/or up to two years in county jail
- 4 Ounces or Less But More Than 2 Ounces —Class A misdemeanor punishable by fine of up to $4,000 and/or up-to one year in jail
- 2 Ounces or Less — Class B misdemeanor punishable by a fine of up to $2,000 and/or up-to 180 days in jail
Texas Health and Safety Code §481.116 establishes that possession of a controlled substance listed in Penalty Group 2 is classified as follows:
- 400 Grams or More — Enhanced first-degree felony punishable by fine of up to $50,000 and/or minimum of five years up to 99 years or life 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
- 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
- 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
Knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A is punishable as follows under Texas Health and Safety Code § 481.113:
- 400 Grams or More — Enhanced first-degree felony punishable by fine of up to $100,000 and/or minimum of 10 years up to 99 years or life 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
- 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
- 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
THC Concentrates Defenses in Texas
In some cases, alleged offenders may be able to argue that police officers illegally seized their alleged THC concentrates. Evidence may be inadmissible in the case of an illegal search and seizure, usually leading to criminal charges being thrown out.
Keeping in mind the requirement that an offense is committed knowingly, some people may be able to argue that they did not realize concentrates purchased legally in other states were prohibited in Texas. Additionally, there are also cases in which people are charged with THC concentrates crimes but analysis of the oils seized does not reveal any traces of THC.
Collin County THC Concentrates Resources
Marijuana Concentrates THC Extractions | DEA —This Drug Enforcement Administration (DEA) document about THC extractions discusses THC extraction labs. It also covers how concentrates are created and lists THC concentrate street names. Short and long-term effects of cannabis concentrates are also discussed.
The Facts About Marijuana Concentrates | Just Think Twice— On this section of the DEA website, you can find information about marijuana concentrates. Also learn about the potency of concentrates, how concentrates are used, and related facts about marijuana. Effects of marijuana concentrates are also discussed on this website.
Find a Collin County THC Concentrates Attorney | Law Offices of Richard C. McConathy
Were you or your loved one arrested for a THC Concentrates crime in Plano or a nearby community in Collin County? Contact the Law Offices of Richard C. McConathy as soon as possible.
Our firm can work to help you achieve the most favorable outcome to your case resulting in the fewest possible consequences. Call (469) 304-3422 or contact us online to set up a free consultation.