Qualified physicians became able to prescribe low-tetrahydrocannabinol (THC) cannabis oils for the treatment of intractable epilepsy when Texas Governor Greg Abbott signed Senate Bill 339 (SB 339), or the Texas Compassionate Use Act, in June 2015. Cannabis oils became more popular in recent years because of a surge in the use of vaporizers.
Certain cannabis oils are THC concentrates that may be produced to prevent any euphoric effects similar to marijuana while other oils retain those elements. While cannabis oil certainly looks different from a cannabis plant, possession of a prohibited oil could involve penalties that are even worse than possession of actual marijuana in some cases.
THC Concentrates Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX
Were you or your loved one arrested for a THC concentrates offense in the greater Denton area? You will want to make sure that you are working with an experienced attorney.
The Law Offices of Richard C. McConathy can fight to help you achieve a resolution that results in the fewest possible penalties. Call (940) 222-8004 or contact us online to receive a free consultation.
THC Concentrates Charges in Texas
Under Texas Health and Safety Code § 481.002(26), marijuana is defined as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” The definition specifically excludes:
- the sterilized seeds of the plant that are incapable of beginning germination
- the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin
- a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake
- oil or cake made from the seeds of the plant
- the mature stalks of the plant or fiber produced from the stalks
While marijuana is not listed in any Penalty Group under the state’s list of controlled substances, Penalty Group 2 includes dronabinol, THCs other than marijuana, and “synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.” Penalty Group 2-A includes cannabinol derivatives such as tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives.
THC Concentrates Penalties in Denton
The knowing or intentional possession of a controlled substance in Penalty Group 2-A is punishable as follows under Texas Health and Safety Code §481.1161:
- 2 Ounces or Less — Class B misdemeanor punishable by fine of up to $2,000 and/or up to 180 days in jail
- 4 Ounces or Less But More Than 2 Ounces — Class A misdemeanor punishable by fine of up to $4,000 and/or up to one year in jail
- 5 Pounds or Less But More Than 4 Ounces — State jail felony punishable by fine of up to $10,000 and/or up to two years in county jail
- 50 Pounds or Less But More Than 5 Pounds — Third-degree felony punishable by fine of up to $10,000 and/or up to 10 years in prison
- 2,000 Pounds or Less But More Than 50 Pounds — Second-degree felony punishable by fine of up to $10,000 and/or up to 20 years in prison
- More Than 2,000 Pounds — Enhanced first-degree felony punishable by fine of up to $50,000 and/or minimum of five years up to 99 years or life in prison
When a person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, the amount of cannabis oil allegedly possessed dictates the classification of the crime. Under Texas Health and Safety Code §481.116, offenses are classified as follows:
- Less Than 1 Gram — State jail felony punishable by fine of up to $10,000 and/or up to two years in county jail
- 1 Gram or More, But Less Than 4 Grams — Third-degree felony punishable by fine of up to $10,000 and/or up to 10 years in prison
- 4 Grams or More, But Less Than 400 Grams — Second-degree felony punishable by fine of up to $10,000 and/or up to 20 years in prison
- 400 Grams or More — Enhanced first-degree felony punishable by fine of up to $50,000 and/or minimum of five years up to 99 years or life in prison
Texas Health and Safety Code §481.113 imposes the following penalties for alleged offenders convicted of knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A:
- Less Than 1 Gram — State jail felony punishable by fine of up to $10,000 and/or up to two years in county jail
- 1 Gram or More, But Less Than 4 Grams — Second-degree felony punishable by fine of up to $10,000 and/or up to 20 years in prison
- 4 Grams or More, But Less Than 400 Grams — First-degree felony punishable by fine of up to $10,000 and/or minimum of five years up to 99 years or life in prison
- 400 Grams or More — Enhanced first-degree felony punishable by fine of up to $100,000 and/or minimum of 10 years up to 99 years or life in prison
THC Concentrates Defenses in Denton
One of the more common defenses in THC concentrates cases is the legality of how law enforcement officers obtained the alleged concentrate. An illegal search or seizure by police will prevent the prosecutor from using the evidence obtained.
Certain concentrates may have been purchased legally in other states that allow for the sale and possession of such concentrates. You are going to want to have a lawyer examine all of your possible defense options for your own unique situation.
Denton THC Concentrates Resources
The Facts About Marijuana Concentrates | Just Think Twice — Visit this section of the Drug Enforcement Administration (DEA) website to find information about marijuana concentrates. You can learn more about how concentrates are used, the potency of concentrates, and related facts about marijuana. The page also discusses the effects of using marijuana concentrates.
Marijuana Concentrates THC Extractions | DEA — View a DEA document about THC extractions that discusses THC extraction labs. It also covers THC concentrate street names and how concentrates are created. Again, the long and short-term effects of cannabis concentrates are also discussed.
Find A Denton County Defense Attorney for THC Concentrates Charges | Law Offices of Richard C. McConathy
If you or your loved one has been arrested for a THC concentrates crime in Denton or a nearby community, you must not wait to seek legal representation. The Law Offices of Richard C. McConathy can provide an aggressive legal defense.
Our firm will work to possibly get your criminal charges reduced or dismissed. We can help you understand all of your legal options as soon as you call (940) 222-8004 or contact us online to schedule a free consultation.