What Marijuana Users Need to Know About Texas Laws Addressing THC

 Posted on August 11, 2023 in Drug Crimes

With the changing landscape of marijuana laws across the United States, it is important for marijuana users to stay informed about the specific regulations that may apply in the state where they live or when visiting other states. In Texas, the possession and use of marijuana is still illegal under state law, including tetrahydrocannabinol (THC), which is the psychoactive compound found in cannabis. Understanding the laws surrounding THC can help individuals address drug charges, and with the help of a criminal defense attorney, they can determine the steps they can take to minimize the potential legal consequences they may face.

Marijuana Possession Charges in Texas

In Texas, the recreational use of marijuana is prohibited by law. Possessing any amount of marijuana can result in criminal charges. The specific charges may range from a misdemeanor to a felony offense depending on the quantity involved. 

Under the Texas Controlled Substances Act, possession of two or fewer ounces of marijuana plants is classified as a Class B misdemeanor with potential penalties of up to 180 days in jail and/or a fine of up to $2,000. Possession of more than two ounces but less than four ounces escalates the offense to a Class A misdemeanor with possible imprisonment for up to one year and/or fines reaching $4,000.

Felony charges may apply in cases involving larger quantities of marijuana. These charges may include:

• Possession of between four ounces and five pounds: This is a state jail felony offense punishable by incarceration from 180 days up to two years and as much as $10,000 in fines.

• Possession of between five and 50 pounds: This is a third degree felony offense punishable by two to 10 years of incarceration and a fine of up to $10,000.

• Possession of between 50 and 2,000 pounds: This is a second degree felony that may result in two to 20 years of incarceration and up to $10,000 in fines.

• Possession of more than 2,000 pounds: This felony offense carries a prison sentence ranging from five to 99 years along with up to $50,000 in fines.

THC Concentrates and Extracts

In recent years, there has been an increase in the popularity and availability of products that contain THC, including oils, waxes, and edibles. These products will often have higher levels of THC compared to marijuana plants. While the use of THC concentrates may be prevalent in states where recreational marijuana has been legalized, possessing or using concentrated forms of THC remains illegal in Texas. 

Individuals who are charged with possession of THC products may face more severe penalties due to their higher potency. Under the Texas Controlled Substances Act, THC is classified under Penalty Group 2. The charges for possession of substances containing THC may include:

• Possession of less than one gram: This offense is classified as a state jail felony.

• Possession of between one and four grams: This offense is classified as a third degree felony.

• Possession of between four and 400 grams: This offense is classified as a second degree felony.

• Possession of more than 400 grams: This is classified as a felony offense with a potential sentence of five to 99 years in prison and fines of up to $50,000.

It is important to note that charges are based on the aggregate weight of substances containing THC. For example, a package of gummies weighing more than four grams would result in second degree felony charges, even if the actual amount of THC in the product was very small.

Contact a Fort Worth THC Possession Lawyer

Following an arrest for the possession of THC products or other forms of marijuana in Texas, it is crucial to secure representation from an experienced Tarrant County drug possession defense attorney who understands the applicable laws and the defense strategies that may be available. At The Dameron Law Firm, we provide dedicated legal representation for people who are facing charges related to drug crimes and other types of criminal offenses. To discuss your case and learn about your legal options, schedule your free initial consultation by calling 817-222-0624. 

Sources:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm