Marijuana and THC Oil Wax Charges
Despite the progressing laws regarding some forms of cannabis, possessing marijuana for recreational use or of THC oil or wax can result in trouble with the law and criminal penalties.
Differences in Criminal Charges Between Marijuana and THC Oil/Wax
There are many ways that people use cannabis, including smoking marijuana “flower,” eating edible THC or CBD, using topical lotions, THC wax and oil, and more. With all the ever-changing laws and policies regarding different forms of cannabis across the United States, it should be no surprise that most people are not sure of the current state of the law in Texas regarding cannabis possession and use.
First, Texas has not legalized recreational marijuana. It continues to be illegal and has been since 1931. However, the Compassionate Use Act does allow people with qualifying medical conditions to obtain a card for low-THC medical marijuana based on a doctor’s permission. In 2021, Texas lawmakers passed House Bill 1535, raising the THC limit in medical marijuana sold throughout the state from 0.5% to 1%. The Bill also expanded qualified conditions. Currently, Texas residents can also purchase CBD for medical purposes over the counter at certain establishments, provided it contains less than .03% THC.
Despite progressive laws across the United States regarding the use of various forms of cannabis, the possession of marijuana for recreational use or of CBD, THC oil, or wax over .03% can result in trouble with the law and severe criminal penalties.
Charges for Marijuana Possession
Even states that have not legalized weed have decriminalized the possession of smaller amounts of marijuana for recreational use. Texas, on the other hand, has been hesitant in passing legislation. However, there has been some progress in recent years.
After rejecting a 2019 bill that would reduce the criminal penalties for marijuana possession, the House did pass a similar bill in 2021, though it has not yet been signed into law. There were other promising developments that year as well: the Dallas Police Chief initiated a policy in which officers will not charge users carrying two ounces of cannabis or less. The Plano Police Chief announced a similar policy, essentially decriminalizing low-level cannabis possession.
Despite this progress, marijuana possession remains a criminal offense in Texas, and pending passage of the 2021 House Bill, penalties remain the same as they have for years:
- Less than two ounces = Class B misdemeanor, punishable by fines up to $2,000 and up to 180 days imprisonment
- Two to four ounces = Class A misdemeanor, punishable by fines up to $4,000 and up to one year in jail
- Four ounces to five pounds = State jail felony, punishable by fines up to $10,000 and mandatory minimum imprisonment of between 180 days and two years
- Five to 50 pounds = Third-degree felony, punishable by $10,000 in fines and a mandatory minimum sentence of between two and 10 years
- 50 to 2,000 pounds = Second-degree felony, punishable by $10,000 in fines and a maximum sentence of 20 years
- More than 2,000 pounds = First-degree felony, punishable by $50,000 and up to 99 years in prison, essentially a life sentence.
Charges for THC Wax or Oil Possession
One form of cannabis with the highest THC levels and the most psychoactive effects is marijuana concentrate. This can be sold as many different products as possible, including THC wax, oil, and dabs. These forms can contain four times as much THC as even the highest-quality potent marijuana flower and can result in hallucinations and other effects.
Because of its potency and higher risks, THC wax and oils have a different set of charges than traditional marijuana. If you are caught with THC concentrate, you can face the following charges:
- Less than one gram = State jail felony
- One to four grams = Third-degree felony
- Four to 400 grams = Second-degree felony
- More than 400 grams = First-degree felony
It is important to note that ALL possession charges for THC concentrate are felony charges. If convicted, not only will you risk going to prison and paying fines up to $10,000, but you will also have a felony conviction on your permanent record. This can damage your career, education, and reputation and cause other adverse effects on your life for years to come.
Consult with an Experienced Fort Worth Criminal Defense Lawyer Right Away
The Law Office of Kyle Whitaker defends against all types of drug charges in the Fort Worth area, including marijuana and THC oil or wax possession. Contact the office online or call 817-332-7703 as soon as possible if you have been arrested.