The United States has begun to alter their views on recreational and medical marijuana in the last five years. Many states are legalizing cannabis for medical or recreational purposes.
As more people are engaging in taking a “dab,” hitting that “vape juice,” or consuming BHO oils—the number of felony charges for the possession of THC concentrates have increased
THC, otherwise known as tetrahydrocannabinol, is the chemical within the marijuana plant that generates a light hallucinogenic feeling in the user. Marijuana extracts contain extraordinarily potent THC levels, which can span up to 40% – 80%.
With such lofty contents of THC, cannabis oils can be up to four times stronger than top-shelf medicinal marijuana. These facts have put marijuana concentrates at a higher penalized rate than their plant counterparts.
The Texas law is incredibly unforgiving when it comes to the possession of any sort of concentrated form of cannabis, automatically charging it as a felony offense.
Texas statute § 481.103(a)(1) states that cannabis concentrate or THC is the resin secreted by the Cannabis Sativa L. plant. This automatically classifies any sort of marijuana extract as a Penalty Group Two drug, which has more serious consequences than standard marijuana.
Attorney for Possession of Marijuana Extracts in Dallas County, Texas
Charges for cannabis concentrates can harshly affect your current or future employment, and many other aspects pertaining to your quality of life. If you or someone you know has been caught in possession with a kind of marijuana extract, it is imperative that you contact a qualified drug crime attorney in the greater Dallas area.
The attorneys at Law Offices of Richard C. McConathy will fearlessly fight for your civil rights and try to bring about the best result for your trial.
With offices in Dallas, Plano, Allen, Fort Worth and Denton, TX, our attorneys fight marijuana cases throughout the Dallas-Fort Worth-Arlington metropolitan area. Call (972) 233-5700 for any drug crime case in Dallas County or the surrounding counties in the North Texas area.
Common Examples of Cannabis Concentrates
A factor that separates marijuana extracts from the actual plant itself is the many forms it can take. Here are the most common forms of THC concentrates:
- Crumble – This form has the driest consistency of all the concentrates, it is usually broken into very small portions;
- Wax – Usually handled with dabbing paraphernalia, wax is the stickiest form of THC concentrates;
- This concentration has a consistency between wax and crumble, budder is a kind of hash oil that sometimes has 70% or more THC;
- Shatter – One of the purest forms of cannabis concentrate, shatter has a glass-like appearance that can be broken into pieces if dropped on a tough surface;
- Oil – A concentrated form of THC that is extracted with C02, butane, or ethanol;
- Honeycomb – Using a light hydrocarbon extraction, sometimes honeycomb can be created from THC concentrates;
- CBD Syringe – Often cannabidiol can be stored in a flavor injecting syringe. Normally this type of form of cannabis concentrate is eaten;
- Sugar – If CBD is concentrated in a certain way, it can be made into sugar. This sugar can be used in baking to create THC concentrate edibles;
- CBD Lotion – Cannabis concentrate can be processed into a lotion. Application of this lotion will result in a light psychedelic effect;
- Trim Run – A THC concentrate made from a “trim run” is composed of the trimmings of the marijuana plant. This is so no part of the plant goes to waste;
- Nug Run – Any sort of cannabis concentrate made with more terpenes and trichomes than a usual THC extraction;
- Pull and Snap – A type of marijuana extraction that is more of a taffy texture. Typically it is used for outdoor events;
- Dry Sift – This type of cannabis concentration is made using different sized silk screens with varying microns to separate trichome heads from the rest of the bud; and
- Ice and Water – A kind of marijuana concentrate that made using ice and water to agitate the trichome heads off of the plant.
Penalties for Possession of a THC Extract in Texas
Penalties for possession of cannabis oils in Texas are incredibly harsh in comparison to a simple misdemeanor charge with the plant equivalent. Texas Statue § 481.116 states possession of a form of marijuana concentrates carry felony charges. The following felony penalties are classified by the amount of THC oil possessed:
Under one gram:
Possession of less than one gram of marijuana concentrate is classified as a felony with a fine of up to $10,000, with a possible prison sentence up to two years.
One gram or more, but under four grams:
A conviction of possessing the quantity of one to four grams of concentrated THC is a felony, which is punishable with a maximum prison sentence of ten years and a fine of $10,000.
Four grams or more, but under 400 grams:
This quantity of cannabis concentrates results in a second-degree felony charge, which carries a prison sentence up to twenty years and a fine of up to $10,000.
400 or more grams:
This quantity of cannabis concentrates results in a first-degree felony charge. If the defendant is criminally charged with this quantity of marijuana, the crime comes with a maximum punishment of ninety-nine years in prison and a fine of up to $10,000.
The Truth About Cannabidiol (CBD) Oil Access in Texas – Visit TexasNorml.org to learn about the extraction process of marijuana concentrates, and it’s medicinal purposes. Read about how the Controlled Substance Act differentiates between the cannabis plant and cannabidiol, and Texas Law’s stance regarding possession of extract oil.
Texas Controlled Substance Act – Visit the Texas State Legislature website to read about marijuana and other illegal substance offenses. See the complete Texas statute surrounding drug possession, and find the penalties associated with marijuana oils.
Marijuana Concentrates also known as THC Concentrates – Visit the website of the Drug Enforcement Administration (DEA) and find information about illicit cannabis extraction labs for making concentrated forms of marijuana through butane. Learn more about the street names of CBD oils, and the effects that THC extracts can do to the human body.
K9 Unit of the Dallas County Sheriff – Visit the website of the Dallas County Sheriff to learn more about their K9 unit. The sheriff’s office in Dallas uses several drug-detecting German shepherds to help them find marijuana and other illegal drugs. The K9 Unit is funded with federal seizure money. Since the inception of the K9 unit in June of 2008 until April of 2010, the Drug Interdiction Unit has intercepted 260 lbs. of marijuana and more than $841,657.00 of drug money.
Finding a Lawyer for THC Concentrates in Dallas, TX
THC consumption has shifted over the years because of the legalization of medical marijuana. Due to the harsh sentencing of concentrated forms of cannabis, it is crucial that you seek advice from a qualified criminal defense attorney if you’ve been criminally charged with possession of marijuana oils.
Are you overwhelmed and unsure where to begin? Start with step one. Contact an attorney at Law Offices of Richard C. McConathy today for a free consultation. Our attorneys will battle for your civil rights. We strive to give our clients the best possible result for their case.
Find an attorney today if you were arrested for any type of marijuana charge in the Dallas-Fort Worth Metroplex. We accept clients throughout Dallas in Dallas County, as well as Plano in Collin County, Allen in Collin County, Fort Worth in Tarrant County, and Denton in Denton County, Texas.
As members of the NORML National Legal Committee (NLC), our attorneys are experienced in fighting drug crime cases after an arrest by the local law enforcement agencies including Arlington, Dallas, Grand Prairie, Red Oak, Ferris, Desoto, Glen Heights, Lancaster, Wilmer, Hutchins, Mesquite, Forney, Seagoville.
We also represent clients after a drug investigation involving the Department of Public Safety, Immigration & Customs Enforcement (ICE), the Drug Enforcement Agency (DEA), the Internal Revenue Service (IRS), the Federal Bureau of Investigations (FBI) and the Federal Bureau of Prisons (FBP).
Schedule a free consultation online, or simply call (972) 233-5700 today for one-on-one attention surrounding your possession charge. Have a plan to fight your charge and contact us today.
This article was last updated, May 8, 2018.