Request Your Consultation Fill out the form below and we'll be in touch within 24 hours!

All fields are required.

THC Concentrates

The legalization of marijuana in certain U.S. states has altered the way some consume cannabis. Using pens, oil rigs, edibles or other products involving THC concentrates has become a norm among marijuana users. The increased use of THC concentrates or oils has resulted in national trends such as “vaping” or “dabbing.” 

Although marijuana has become legalized in many states, it’s illegal in Texas. However, those who are arrested for THC concentrates should expect different penalties. In fact, Texas doesn’t even consider THC concentrates to be a part of the cannabis sativa plant. Instead the law establishes that THC concentrates or oils are a penalty group 2 drug.

Since THC concentrates are considered a penalty group 2 drug, the legal consequences for possession, manufacture, and delivery are different. Possessing even trace amounts of marijuana concentrates can result in felony charges. If you or someone you know has been charged with possessing, delivering, or manufacturing THC concentrates, it’s vital that you seek trusted legal representation now.

Houston Lawyer for THC Concentrates in Texas

Texas law is not kind to those caught using THC concentrates. Since cannabis oils aren’t considered a part of the marijuana plant you may face heavier penalties. Any person who has been charged with possessing, delivering or manufacturing cannabis concentrates in Texas should contact a skilled criminal defense attorney.

Attorney Matthew Horak is a reputable attorney who’s passionate about defending his client’s rights. He is dedicated to his work and will do whatever possible to help you get the best possible result for your case. Call Matthew Horak now for a knowledgeable criminal defense attorney. 

Horak Law accepts clients throughout the greater Harris County area and surrounding counties including Brazoria County, Galveston County, Montgomery County, and Liberty County. 

Call now at (713) 225-8000 to schedule a free consultation today. 

Overview of THC Concentrates in Texas


Cannabis Oils Under Texas Law

Cannabis concentrates are made by the resin that collects on the plant’s flowers. Marijuana resin can be pressed and processed through various substances such as butane or CO2. The resin found on marijuana is highly desirable because it’s incredibly potent in a cannabinoid called tetrahydrocannabinol, or THC. 

THC is a chemical compound that’s known to give cannabis users a light hallucinogenic feeling. Concentrated THC can be made into various substances such as oils, wax, or budder. Some even use concentrated cannabis in cooking or on top of various foods.

Although the resin is obviously collected from cannabis plants, Texas law doesn’t recognize it as marijuana. Texas Penal Code § 481.002(26) states that stalks, stems, and resin of the marijuana plant aren’t considered a part of the cannabis sativa family. Since THC concentrates are categorized as a penalty group 2 drug, the legal ramifications for possessing or manufacturing the substance is much more severe.


Types of THC Concentrates in Harris County, Texas

A unique component of THC concentrates are the various types of substances it can make. The following are some common forms of THC concentrates.

  • Oils – Concentrated THC that is extracted by ethanol, CO2, or butane;
  • Wax – An early processed form of THC, wax is the stickiest form of THC concentrates;
  • Shatter – Considered the purest form of the concentrate and if dropped will “shatter” because of its thin glass-like appearance;
  • Crumble – The driest form of concentrates that is usually broken into small portions;
  • Honeycomb – Cannabis concentrates that are extracted through light hydrocarbon;
  • Sugar – Marijuana that was processed to resemble sugar and is commonly used in food;
  • Trim Run – THC concentrates created by the trimmings of the marijuana plant;
  • Nug Run – Marijuana concentrates that are made with terpenes and trichomes;
  • CBD lotion – Cannabis concentrates that focuses more on the cannabinoid CBD rather than THC. Applying CBD lotion will result in anti-anxiety and light psychedelic effects;
  • Dry Sift – Cannabis concentration that is made using different silk screens;

Penalties for Possession of THC Concentrates

Since THC concentrates are classified as a penalty group 2 drug the penalties are harsher. Possessing any amount of cannabis concentrates can result in felony charges. The following chart outlines the Texas penalties for possessing THC concentrates.  

 Amount Possessed

 Offense Level

 Prison/Jail Time

 Fine

 Less than 1 gram

 State Jail Felony

 24 Months in jail

 $10,000

 1 to 4 grams

 Third-Degree Felony

 Up to 10 years in prison

 $10,000

 4 to 400 grams

 Second-Degree Felony

 Up to 20 years in prison

 $10,000

400 grams or more

First-Degree Felony

Minimum of 5 years and a maximum of 99 years or life in prison

$50,000



Penalties for Selling or Manufacturing Marijuana Concentrates in Texas

Selling or creating THC concentrates unlawfully can result in substantial legal consequences. The penalties for distributing or manufacturing marijuana concentrates are depend on the amount found. The following chart establishes the penalties for delivering or manufacturing THC concentrates in Texas. 

 Amount Possessed

 Offense Level

 Prison/Jail Time

 Fine

 Less than 1 gram

 State Jail Felony

 24 Months in jail

 $10,000

 1 to 4 grams

 Third-Degree Felony

 Up to 10 years in prison

 $10,000

 4 to 400 grams

 Second-Degree Felony

 Up to 20 years in prison

$10,000

400 grams or more

 First-Degree Felony

Minimum of 10 years and a maximum of 99 years or life

 $100,000

  


Additional Resources

Texas Marijuana Laws – Visit the official website for the Texas Health and Safety Code, a collection of laws that detail drug offenses. Find more information about drug possession, drug trafficking, drug manufacturing and the legal consequences that follow upon conviction. 

What You Should Know about THC Concentrates – Visit a document about THC extractions provided by the Drug Enforcement Administration (DEA). Find more information about THC extraction labs, THC concentrate street names, how it’s created, and what the long and short-term effects of cannabis concentrates.


THC Concentrates Lawyer in Harris County, Texas

If you or someone you know has been charged with possessing or selling THC concentrates, it’s vital that you contact an experienced criminal defense attorney. Attorney Matthew Horak has been practicing in Texas criminal courts for years. 

Horak Law has handled many cannabis concentrate cases in the Harris County area. Attorney Matthew Horak is resilient to obstacles. He will implement all resources, skills, and knowledge to formulate the best defense for you. Call Matthew Horak at (713) 225-8000 for a free consultation today. 

Horak Law accepts clients throughout the greater Houston metropolitan area and surrounding communities including Westbury, Gulfton, Houston Heights, Midtown, and Brays Oaks.


This article was last updated on November 28, 2018.

 

Our Office in The Woodlands
1790 Hughes Landing Blvd #400 The Woodlands, TX 77380 (281) 907-4990
Our Office in Houston
5300 Memorial Dr #750 A Houston, TX 77007 (713) 225-8000
Request Your Consultation Fill out the form below and we'll be in touch within 24 hours!

All fields are required.

Matt Horak Matt Horak is Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2014

What Our Clients Have To Say