San Angelo Divorce And Criminal Defense Lawyer Serving West Central Texas

Is it legal to have THC oil in Texas?

On Behalf of | Feb 4, 2022 | Criminal Defense |

As marijuana becomes more socially acceptable, more people use it in various forms, both medically and recreationally.

Texas legalized CBD oil and hemp in 2019. However, possession of marijuana and THC oil concentrate is still a crime.

THC levels in cannabis products

Tetrahydrocannabinol or THC is marijuana’s primary psychoactive compound, responsible for producing a high for users. Dried cannabis typically contains around 10% to 15% THC levels. However, lab tests cannot reliably determine the amount present in marijuana edibles or plants. Legal hemp and CBD oil contain only trace amounts of THC, up to 0.3%. Concentrated cannabis vape oils and waxes, on the other hand, deliver a potent dose of THC ranging from 50% to 80%.

Marijuana and THC possession penalties

Marijuana possession is typically a misdemeanor charge in Texas, but having any amount of THC concentrate is a felony crime. If you have a vape pen with any quantity of THC oil, you will face felony charges. State laws determine penalties based on the amount of THC you possess:

  • Less than 1 gram: Up to two years in jail and a $10,000 fine
  • 1-4 grams: Up to 10 years in prison and a $10,000 fine
  • 4-400 grams: Up to 20 years jail time and a $10,000 fine
  • 400 grams or more: Between 5 and 99 years in prison and a $50,000 fine

A felony conviction can adversely affect all areas of your life. It can prevent you from pursuing higher education, getting a job, voting and more. It is crucial to know how to build a strong defense based on experience and knowledge of Texas’s laws and court systems. Know your rights and resources to work toward a favorable outcome in your case.