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Secrets of the Texas Criminal Justice System and Your Rights
All too often, Texans who happen to be vacationing in Colorado fall prey to the state’s tourist industry involving marijuana products. While driving back to Texas with some fun souvenirs for your friends and family may sound like a good idea, you actually would be committing a felony.
If you find yourself in this situation, you may need the assistance of a Lubbock possession of marijuana cartridges lawyer. A dedicated drug lawyer could analyze the evidence against you and craft a strong defense strategy.
What is a THC Oil Cartridge?
One of the newer means of using tetrahydrocannabinol (THC) is to “vape” it, or to extract THC vapor through the use of a vape or THC oil cartridge. A typically rechargeable battery in the vape pen warms the oil cartridge. Vape oil cartridges also contain a wick that absorbs liquid cannabis extract and sends it to the vape chamber of the vape pen. This process provides a more concentrated dose of THC than smoking loose marijuana.
THC Oil Under the Law
In the state of Texas, possession of marijuana is against the law with one very limited medical-related exception. Although the penalties for possessing marijuana are much less harsh than for other types of illegal drugs, they still carry consequences that can be significant in some cases.
Marijuana cartridges, however, do not contain loose marijuana leaves. Instead, they contain THC oil, which Texas law classifies as a controlled substance rather than as marijuana.
Texas Health and Safety Code § 481.116 provides that any product containing THC, other than marijuana, is classified as a Penalty Group 2 controlled substance. As a result, possessing even less than one gram of THC oil constitutes a state jail felony. This is in sharp contrast to the fact that possession of up to two ounces of marijuana is punishable as a Class B misdemeanor.
What are the Penalties for Possession of Marijuana Cartridges?
The penalties for possession for marijuana cartridges range from state jail felonies to first degree felonies, depending on the amount of THC involved in the possession. There is no option for a misdemeanor charge for possession of THC under Texas law.
A state jail felony charge, which applies only to one gram or less of THC. Can cause a jail sentence from a minimum of 180 days to a maximum of two years. Pursuant to Texas Penal Code §§12.22,12.35.
Possession of larger amounts of THC can result in progressively harsher charges and penalties. One to four grams of THC in individuals’ possession is charged as a felony of the third degree. Which can result in two to ten years in prison.
Possessing four to 399 grams of THC is a felony of the second degree. Which has a minimum sentence of incarceration of two years and a maximum of 20 years. Finally, individuals may face a felony of the first degree for possessing 400 grams or more of THC. Which can result in a life sentence.
Because these penalties are so harsh, individuals facing felony charges should consider calling a Lubbock possession of marijuana cartridges attorney for advice.
Let a Lubbock Possession of Marijuana Cartridges Attorney Assist You
The felony charges that can result from possession of marijuana cartridges and other forms of THC can have severe repercussions. A conviction on a felony THC possession charge can cause you to lose your job, your driver’s license. And your freedom.
For more information on this topic please reach out to our experts from the Texas Criminal Defense Group at (866) 557-4343 or through our contact page.