Can I Be Charged With a Felony For Having THC Oil in Texas?

 Posted on November 06, 2024 in Appeals

Twenty-four states have legalized marijuana for recreational use, but Texas is not one of them. Cannabis is considered a controlled substance in Texas, and possession of the drug is a serious crime that can result in heavy fines and prison time. Even waxes and oils that contain Tetrahydrocannabinol (THC) are considered controlled substances and can carry heavy penalties if found in someone’s possession.

As cannabis use becomes more widespread, Texans may forget that THC products are illegal. THC oil, for instance, has a number of uses that people find beneficial and may not be easily recognized as a controlled substance. If you are facing drug possession charges, make sure to consult a Texas criminal defense attorney who can begin building your defense.

When Does Possession of THC Oil Become a Felony?

Texas allows marijuana use for specific medical conditions such as seizures, cancer, ALS, autism, and post-traumatic stress disorder (PTSD). THC oil, on the other hand, is considered an even more dangerous substance than the marijuana plant because of its high concentration and potential for abuse. It therefore is classified as a Scheduled I controlled substance and does not have any medical value under Texas law. Any oil or substance that contains a concentration of at least 0.3% Delta-9 THC is illegal to possess, manufacture, or distribute.

What Are the Penalties for THC Oil Possession?

Texas law places THC oil in a category called Penalty Group 2, which is for substances that are punishable with harsh sentences. The penalties for possession of THC oil vary according to its weight, as follows:

• Possession of less than one gram is a state jail felony, punishable by a maximum $10,000 fine and 180 days to two years in jail.

• Possession of one to four grams is a third-degree felony, punishable by a maximum $10,000 fine and two to 10 years in prison.

• Possession of four to 400 grams is a second-degree felony, which can carry a maximum $10,000 fine and between two and 20 years in prison.

• Possession of over 400 grams is a first-degree felony which carries a maximum $50,000 fine and between 10 and 99 years in prison.

While THC oil has a variety of uses and may not be seen as an illegal drug by some people — particularly those from states where cannabis is legal for recreational use — it is treated harshly by Texas law. Even less than one gram can result in jail time and heavy fines, so it is important to make sure you have strong legal representation.

Contact a Montgomery County, TX Drug Possession Defense Attorney

Facing a drug possession charge in Texas can be a frightening experience. The attorneys at Pullan & Young have extensive experience in both criminal prosecution and defense, making them uniquely positioned to provide you with the best legal representation possible. Schedule a free consultation with a Conroe, TX criminal defense attorney by calling 936-647-1540 today.