Despite the growing popularity of vaping as an alternative to smoking either regular tobacco products or even marijuana, possessing any vape pens that contain THC oil is automatically considered to be a felony in the state of Texas. Possessing marijuana flower is typically considered to be a misdemeanor; however, any amount of THC concentrate begins at a felony, making it all the more dangerous to keep on your person, in your car, or on your property.

Despite the fact that medical usage of cannabis was expanded thanks to HB 3703, recreational and non-prescription use of cannabis remains illegal throughout the state. Travis, Bexar, and Harris counties offer programs to avoid jail time for those found to be in possessing small amounts of the marijuana plant itself; however, a vast majority of the state still imposes stricter punishments in terms of possession.

THC is the main active chemical in cannabis that provides the psychoactive effects of marijuana consumption that gives users the “high”. The overall weight of the flower substance that someone possesses is what will determine the consequence, with harsher punishments for larger amounts. THC concentrate or oil is always 100% illegal in the state of Texas. On the other hand, CBD products that are made with hemp, not marijuana, still contain levels of THC (albeit very small amounts, under .03% as allowed by federal law), but are in accordance with federal and Texas state law, and are legal to possess. Always verify what it is that you have, and don’t confuse CBD oil with THC oil, or you may find yourself in a sticky situation.

If you are found in possession of marijuana flower in Texas, the following punishments can be applied to you based upon the weight of marijuana that was found on your person or property:

  • Two ounces or less is a misdemeanor punishable by up to 180 days in prison and a $2,000 fine.
  • One to two ounces is a misdemeanor punishable by up to one year in jail and a $4,000 fine.
  • Over four ounces to five pounds is a felony punishable by two to ten years in jail and a $10,000 fine.

Texas law mandates that THC concentrates are classified differently than their plant counterparts, and that possessing any amount of THC oil or concentrate begins as a felony instead of a misdemeanor. This is partially because THC oil contains a much higher level of the psychoactive chemical, making the effects of consumption highly potent.

THC concentrate punishments in Texas by weight are classified as follows:

  • Possession of less than one gram is a felony punishable by 180 days to two years in jail and a $10,000 fine.
  • Possession of one to four grams is a felony punishable by two to ten years in jail and a $10,000 fine.
  • Possession of four to 400 grams is a felony punishable by two to twenty years in jail and a $10,000 fine.
  • Possession of 400 grams is a felony punishable by ten years to life in jail and a $50,000 fine.

If you’ve been arrested due to possession of either marijuana flower or THC oil or concentrate, you will want to contact a professional attorney with experience in the state of Texas dealing with marijuana convictions. Something as serious as a felony or a misdemeanor is not something you want to deal with on your own.

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