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Texas law is incredibly harsh for the possession of any concentrated form of marijuana which is automatically charged as a felony offenses under state law. While the possession of two ounces of the green leafy form of marijuana is a class B misdemeanor, if you take that same amount of marijuana and extract the cannabinoids from it, possession of the concentrated form of the substance is a felony.
Under Tex.Health&Safety Code Ann. § 481.103(a)(1), tetrahydrocannabinol (THC) is the chemical term for the resin secreted by the Cannabis Sativa L. plant and when possessed in its resin form (whether organic or synthetic). Any form of marijuana concentrate is classified as a Penalty Group Two drug which is treated more harshly then marijuana.
For instance, in Texas, if you are in possession of more than one gram of marijuana extract or concentrate in Texas, then a mandatory minimum sentence of two years applies. If you are accused of manufacturing more than 4 grams of marijuana concentrate, then you are subject to a mandatory 5-99 year sentence.
If you were charged with any offense involving a concentrated form of marijuana including possession, possession with intent to sell, delivery, manufacturing or trafficking, then contact an experienced drug crime attorney in San Antonio in Bexar County, TX.
Our attorneys represent clients charged with possession of marijuana and possession of concentrated forms of cannabis. Call for a free consultation to discuss your case and important defenses that might apply.
Call 210-226-1463 today.
The most common examples of the concentrated forms of cannabis include:
Wax - a sticky form of a THC concentrate, it should be handled with a dab tool;
Oil - a concentrated form of cannabis made with C02 or butane;
Shatter - one of the purest forms of marijuana concentrate, shatter is a glass like concentrate that breaks into pieces when dropped on a hard surface;
Crumble - with the driest consistency of all concentrates, crumble breaks into dab sized portions.
Budder - with a consistency between wax and crumble, budder is a type of hash oil that can contain 70%+ THC.
The penalties for concentrated forms of cannabis depend on the amount possessed including:
THC is a resin secreted from the hemp plant known as Cannabis sativa L. (marihuana). THC is the “psychoactive ingredient responsible for euphoriant and hallucinogenic properties of the plant and its products.” Few v. State, 588 S.W.2d 578, 581 (Tex.Crim.App.1979). THC is itself a controlled substance under Tex. Health & Safety Code Ann. § 481.103(a)(1) which lists THC as a substance “other than marihuana” in “Penalty Group 2” of the Texas Controlled Substances Act.
THC, however, is specifically excluded from the statutory definition of marihuana as provided in § 481.002(26)(A) which defines “marihuana” as the plant Cannabis sativa L but does not include “the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin. For this reason, possession of marihuana and possession of THC are considered separate offenses.
This article was last updated on Friday, November 22, 2017.