Select Page

While the attitude surrounding marijuana in the last 10 to 20 years has changed dramatically from the social connotations and implications of the past, it still isn’t as widely accepted as it may seem. In most states marijuana is still illegal, save the few medical exceptions, and Texas is no exception.

Marijuana possession in Texas is still a crime, and in Austin possession of smaller amounts are equitable to lower level misdemeanors, that while still serious and can have a large impact on your future, are less serious than other drug possession charges, such as methamphetamine or LSD. If you’ve been arrested for vape pen Austin, you could be facing an even larger sentence that regular marijuana possession.

Possession of less than 2 ounces of marijuana is considered a Class B misdemeanor in Austin, and can be punished by up to 180 days in county jail, and a fine of up to $2,000. In comparison, a methamphetamine possession in Austin is automatically a felony, with possession of less than 1 gram resulting in a state jail felony and up to two years in prison, plus up to a $10,000 fine.

While methamphetamine is a drug that would obviously garner a felony possession, possession of marijuana concentrates, such as concentrated THC “wax” or oil used in vaporizer pens can surprisingly land you in the same hot water as a methamphetamine drug possession charge, despite the widely accepted social implications of marijuana usage.

If you’ve been arrested for vape pen in Austin or any other form of THC concentrate possession, you can face the same consequences as a methamphetamine possession charge. Possession of less than 1 gram of THC concentrate can get you a state jail felony, up to 2 years in prison and up to a $10,000 fine. There are no misdemeanor levels of punishment for THC concentrates, unlike possession of regular marijuana, or the “flower” portion of the plant.

The reason THC concentrates are treated differently than regular marijuana is due to the difference in THC (tetrahydrocannabinol – the chemical that gives users the “high”) concentration between the two. Marijuana concentrates have a typical THC content of between 60%-90%, as opposed to regular marijuana that has a THC content that typically doesn’t go over 20%.

Concentrates can also include candy or baked-goods that contain THC concentrate in the form of oils, and possession of these goods from a state where they are legal (not Texas!) also result in a felony, same as “wax” or oil used for vaporizers.

While the best way to avoid drug possession charges is to not possess them in the first place, sometimes circumstances lead to a different scenario where you can be found with these substances, or arrested for vape pen Austin.

If you or someone you know has been arrested for vape pen Austin, or any other form of THC concentrate possession, the best first step you can take is to contact an experienced drug possession attorney who can discuss the details of your charges. With the assistance of an experienced attorney and someone who will fight to defend your rights, the outcome of you case could be very different.

Thank you for visiting the Jarvis, Garcia & Erskine blog, an Austin criminal defense attorney firm. We write to inform locals about law changes, events and news.