As more states have legalized marijuana, the growing cannabis industry has taken advantage of the vaping trend by selling THC oil.  While recreational marijuana is now legal in some states, it is still very much illegal in Texas.  Possession of THC oil imposes even stiffer penalties than possession of marijuana.

The TexasControlled Substance Act classifies THC oil as a Penalty Group 2 substance.  Tex. Health & Safety Code § 481.103.  As with other drugs, the punishment that a person faces if that person possess THC oil varies depending upon the weight of the substance.  Below are the punishment ranges that apply to the weight of THC oil possessed:

• Under a gram – state jail felony (punishable by six months to two years in a state jail facility, and a fine not to exceed $10,000).
• 1-4 grams – third degree felony (punishable by two years to ten years in prison, and a fine not to exceed $10,000).
• 4-400 grams – second degree felony (punishable by two to twenty years in prison, and a fine not to exceed $10,000).
• 400 grams or more – punishable by five to 99 years or life in prison, and a fine not to exceed $50,000.

If the prosecutors allege that a person manufactured, delivered, or possessed THC oil with the intent to deliver, then the punishment ranges increase as follows:

• Under a gram - state jail felony (punishable by six months to two years in a state jail facility, and a fine not to exceed $10,000).
• 1-4 grams - second degree felony (punishable by two to twenty years in prison, and a fine not to exceed $10,000).
• 4-400 grams – a first degree felony (punishable by five years to 99 years or life in prison, and a fine not to exceed $10,000).
• 400 grams or more – punishable by 10 years to 99 years or life, and a fine not to exceed $100,000.

To put this in proper perspective, murder is punishable by five years to 99 years or life and a fine not to exceed $10,000.  Therefore, a person who possesses or possesses with the intent to deliver over 400 grams of THC oil faces a higher punishment range than a person who commits murder.

Common defenses to any drug charge include attacking whether the search was legal, and attacking whether the prosecutors can prove that the person they charged actually possessed the drug.  Remember, being charged with any criminal offense is just the beginning.  If you or a loved one has been charged with possessing THC oil call us.  Ed McClees is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has vast experience in handling the issues associated with drug possession cases.