With the increasing prevalence of the marijuana industry, new ways to consume the drug have developed. One of them is through THC concentrates and extracts. The rapid growth of these substances has taken the nation by storm. They allow users to achieve a more potent high by consuming less of the drug.
Any form of cannabis, whether its concentrates or buds, is illegal in Texas. Possessing THC concentrates and extracts is more heavily penalized than possessing buds from the marijuana plant. It’s vital you contact legal representation if you have been arrested or charged with possession or delivery of THC concentrates.
Defense Attorney for THC Concentrate/Extract Arrests in Texas
Until Texas shifts it’s attitude on marijuana and THC concentrates, the substances remain highly illegal. Possessing even the smallest amount of an extract can result in felony charges. By viewing this page, you already understand the seriousness of the charges against you.
Take the first step in building your defense and contact Law Offices of David Sloane, PLLC. David Sloane has over 20 years of experience defending clients of marijuana crimes. He will use this experience to formulate a defense with your best interest in mind. Schedule a confidential consultation. Call (817) 810-0088.
Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties throughout North-Central Texas including Dallas County, Tarrant County, Montague County, Wilbarger County and many others.
- THC Concentrates and Texas Law
- Penalties for Possession of THC Concentrates / Extracts
- Delivery of THC Concentrates
- Are Marijuana Edibles a THC Concentrate?
- Additional Resources
THC Concentrates and Texas Law
THC concentrates and extracts have a unique classification under Texas law. For starters, the concentrate is created by taking the flowers from a marijuana plant, putting it through solvent-based extraction and turning it into a resin like substance. THC may be sourced from the marijuana plant, but the law does not classify the substance as marijuana.
According to the Texas Controlled Substance Act, resin, stems and stalks are not considered a part of the marijuana plant. Because of this, extracts and concentrates are classified as a penalty group 2 drug.
What makes THC extracts different from marijuana buds is the potency. Buds typically range from 10-25% THC while concentrates can fall between 50-90%. Common examples of THC concentrates include dabs, oils, crumble and shatter.
Penalties for Possession of THC Concentrates/Extracts
Possession of THC concentrates and extracts is not charged the same as possession of marijuana buds. Instead of being charged with a misdemeanor for possession of small amounts, you will be faced with felony charges. The extent of the charges will depend on the amount found in your possession.
Listed in the table below are the possible penalties for possession of THC concentrates and extracts.
|Less than 1 gram||State jail felony||180 days -2 years||$10,000|
|More than 1 gram but less than 4 grams||Third-degree felony||2 years – 10 years||$10,000|
|More than 4 grams but less than 400 grams||Second-degree felony||2 years – 20 years||$10,000|
|400 grams or more||First-degree felony||5 years – 99 years or life||$50,000|
Delivery of THC Concentrates
Since Texas residents are not able to purchase THC concentrates from dispensaries, they have to resort to drug dealers for the substance. The act of selling or giving drugs to another person is called “delivery” in Texas. Delivery can include giving a drug to another person in exchange for money or having someone else deliver the drug for you.
Texas is not kind to those accused of dealing drugs. No matter the weight, you could be facing a felony charge. Listed below are the felony charges based on the weight of the concentrate or extract.
- State jail Felony: Less than 1 gram
- Second-degree felony: More than 1 gram but less than 4 grams
- First–degree felony: More than 4 grams but less than 400 grams
- First–degree felony with $100,000 fine and 10-year minimum: More than 400 grams
Are Marijuana Edibles a THC Concentrate?
Many marijuana users prefer to consume edible to achieve their high. Consuming marijuana this way may be more discreet than smoking, but being caught with infused food is a serious crime in Texas. Edibles are infused with THC concentrates and extracts, so they are classified as a concentrate.
Possession of marijuana edibles is charged the same as possession of THC concentrates and extracts. This means you can spend up to 20 years in prison for possessing a pan full of marijuana brownies.
Visit our page over edible marijuana to learn more.
Additional Resources for THC Concentrates/Extracts
Texas Controlled Substance Act – Visit the Texas Constitution and Statutes website to read through the act governing crimes involving THC concentrates. You can find out what drugs are also classified in penalty group 2 and learn about other marijuana crimes.
Facts about Marijuana Concentrates – Follow the link to learn more about marijuana concentrates. You can find out how the drug can be abused, the potency of the substance and their effects. The facts can be read on Just Think Twice.com.
Texas Lawyer for THC Concentrate/Extract Arrests
Texas is tough on those accused of possessing or delivering THC concentrates. Since the crimes are charged as felonies, you will have to deal with penalties long after your time has been served. With a felony on your criminal record, you will lose fundamental rights and have a difficult time finding a job.
Don’t let this happen to you. Contact Law Offices of David Sloane, PLLC. David Sloane is a dedicated lawyer passionate about defending clients accused or marijuana crimes in North-Central Texas. He will fight tooth and nail to ensure the best possible outcome is achieved for your situation. Schedule a confidential consultation today. Call (817) 810-0088.
Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties across North-Central Texas including Dallas County, Tarrant County, Hardeman County, Carson County and Dallam County.
This article was last updated on Wednesday, February 6, 2019.