Over time, the consumption of marijuana has changed. Using THC concentrates such as oil or wax, has become the norm among marijuana users. THC is a chemical component of the cannabis plant. The resin of marijuana can be used to create THC concentrates through butane oil or other processes.
THC concentrates are not considered a part of the marijuana plant under Texas law. A person possessing THC concentrates will face harsher penalties than simple marijuana possession. These legal consequences can include large fines and even incarceration.
If you or someone you know has been charged with possessing THC concentrates, it is highly recommended that you obtain legal representation.
Defense Attorney for THC Concentrates in Harris County, Texas
Since THC concentrates are made from resin, Texas law does not consider it a part of the cannabis family. This means that a person charged with possessing THC concentrates will face heavier penalties. Any person, charged with possessing THC concentrates, should seek a skilled defense attorney.
Brian Benken is an experienced attorney who focuses on criminal defense. Attorney Brian Benken is current with all marijuana or THC concentrates legislation in Texas. Rest assured, he will inform you through every step of the way. Find an attorney who cares for you. Call us now at (713) 223 - 4051 for a free consultation.
Start your defense now. Brian Benken accepts clients throughout all communities in Harris County and surrounding counties including Meyerland, Memorial Area, Sharpstown, and River Oaks.
Call an attorney at (713) 223 - 4051 for your free consultation.
Overview for THC Concentrates in Texas
- What is THC Concentrates?
- Examples of THC Concentrates
- Penalties for THC Concentrates
- Additional Resources
What is THC Concentrates under Texas Law?
THC concentrates are made from the resin that collects on cannabis flowers. The resin in marijuana flowers is filled with cannabinoids, especially THC. Tetrahyrdocannabinol, or THC, is the chemical in the marijuana plants that creates a light hallucinogenic feeling in the user.
Using a solvent extraction process, the resin from marijuana is made into THC concentrates. These concentrates are used to create an abundance of substances. Some of these include oils, budder, hash, shatter, and wax. Since all of these substances have a much higher potency of THC than standard marijuana, the psychedelic effects are much more intense.
Examples of THC Concentrates
A unique aspect of THC concentrates itself is the many forms it can take. The following are some of the most common forms of THC concentrates.
- Oil – A concentrated fluid form of THC that is extracted with butane, CO2, or ethanol.
- Shatter – A very pure form of THC concentrates that can shatter if dropped on the ground.
- Budder – A kind of hash oil with 70 percent or more of THC.
- Crumble – A dry form of THC concentrates that is broken into small portions;
- Wax – Usually handled with oilrigs or “dabbing” paraphernalia, wax is the stickiest form of THC concentrates.
Penalties for THC Concentrates in Harris County, Texas
The penalties for cannabis concentrates are much more severe than standard marijuana charges. Texas Health and Safety Code § 481.002(26) states what is and isn’t considered a part of the Cannabis Sativa L. plant.
Texas law states that resin extracted from the plant is not considered to be cannabis. Instead, it is considered a Penalty Group 2 drug according to the Texas Health and Safety Code § 481.103. Due to this, even possessing the smallest amount of THC concentrates can be considered a felony in Texas.
If a person possesses less than one gram of THC concentrates, he or she will face a state jail felony. The penalty for a state jail felony includes a possible fine of up to $10,000, and a maximum sentence of up to 24 months in Harris County jail.
Possession of THC concentrates weighing at one gram or more but less than four grams is a third-degree felony. The legal consequences of a third-degree felony are a maximum prison sentence of 10 years, and a fine of up to $10,000.
Any person will face a second-degree felony if he or she possesses four grams or more but less than 400 grams of THC concentrates. The penalty for a second-degree felony includes a maximum prison sentence of up to 20 years, and a fine of up to $10,000.
If a person possesses 400 or more grams of THC concentrates, it is a first-degree felony. Conviction of a first-degree felony includes a maximum prison sentence of up to 99 years or life and a fine of up to $10,000.
Harris County Drug Court – Visit the official website for the Harris County Drug Courts. Find more information about Success Through Addiction Recovery Program (STAR). Learn more regarding eligibility requirements, exclusions, judges and their schedules, and gain access to their important court forms.
The Facts About Marijuana Concentrates – Visit the official website for Just Think Twice, a website created by the Drug Enforcement Administration (DEA). Find more information regarding cannabis concentrates, how it is abused, the effects of marijuana concentrates, and the statistics surrounding THC concentrates.
THC Concentrates Attorney in Houston, Texas
If you or someone you know has been charged with possessing THC concentrates, it is in your best interest to obtain a skilled defense attorney. You must take the steps to create your defense now. Contact Brian Benken at The Benken Law Firm today.
Brian Benken believes every person has a right to a fair and speedy trial. He understands that the court system is overwhelming. The Benken Law Firm will assess you situation and help you navigate the legal process. Do not be idle when facing charges. Call Brian Benken at (713) 223 - 4051 for a free consultation.
The Benken Law Firm defends those accused of marijuana crimes throughout
Harris County and surrounding counties including Jersey Village, Pasadena, Webster, Tomball, and Nassau Bay.
This article was last updated on October 4, 2018.