Possession of THC Concentrates

Tetrahydrocannabinol (THC) is the primary psychoactive chemical in cannabis that is responsible for most of its psychological effects. While marijuana (referred to in the Texas Controlled Substances Act as “marihuana”) is considered a controlled substance in Texas, it is classified under its own category and is completely separate from other drug Penalty Groups.

The way that marijuana is legally defined under State law in Texas is important because certain cannabis-related substances such as concentrates, hash, oils, and THC wax are legally classified as Penalty Group 2 controlled substances. THC concentrates can often result in even more serious criminal charges than possession of actual marijuana.

Lawyer for Possession of THC Concentrates in Conroe, TX

If you were arrested for any kind of alleged criminal offense relating to THC oils or concentrates in Montgomery County or Harris County, it is in your best interest to exercise your right to remain silent until you have legal representation. Evans & Powell, PLLC aggressively defends clients accused of marijuana offenses in Cut and Shoot, The Woodlands, Shenandoah, Panorama Village, Porter Heights, Oak Ridge North, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can fight to possibly get your criminal charges reduced or dismissed. Call (936) 622-2000 right now to have our lawyers provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of THC Concentrates Arrests in Montgomery County


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Difference Between Marijuana and THC Concentrates in Texas

Marijuana is defined under Texas Health and Safety Code § 481.002(26) 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, however, does not include:

  • the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
  • the mature stalks of the plant or fiber produced from the stalks;
  • oil or cake made from the seeds of the plant;
  • a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;  or
  • the sterilized seeds of the plant that are incapable of beginning germination.

Many THC concentrates, hash, oils, and wax products are derived from these elements excluded from the legal definition of marijuana. As a result, THC concentrates and similar products are often classified under specific drug Penalty Groups.

Penalty Group 2, for example, includes dronabinol and THCs other than marijuana as well as “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, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives.

Many oils and concentrates have a much higher concentration of THC than actual cannabis, but people who purchase such products in other states where they are sold legally are unaware that possessing THC wax, concentrates, or “shatter” is a criminal offense in Texas.


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THC Concentrates and Wax Penalties in Montgomery County

The possible criminal charges that a person faces if he or she is arrested for an offense involving a THC concentrate, oil, or wax depends on the specific type of product involved. Texas Health and Safety Code §481.116 establishes the following classifications for alleged offenses involving a person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2:

  • Less than 1 gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 1 gram or more, but less than 4 grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
  • 4 grams or more, but less than 400 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000; or
  • 400 grams or more — First-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000.

If an alleged offender knowingly or intentionally possesses a controlled substance listed in Penalty Group 2-A, he or she faces the following possible punishments under Texas Health and Safety Code §481.1161:

  • 2 ounces or less — Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000;
  • 4 ounces or less but more than 2 ounces — Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000;
  • 5 pounds or less but more than 4 ounces — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 50 pounds or less but more than 5 pounds — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
  • 2,000 pounds or less but more than 50 pounds — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000; or
  • more than 2,000 pounds — First-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000.

Texas Health and Safety Code §481.113 establishes the following possible sentences for alleged offenders accused 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 up to two years in county jail and/or a fine of up to $10,000;
  • 1 gram or more, but less than 4 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
  • 4 grams or more, but less than 400 grams — First-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $10,000; or
  • 400 Grams or More — First-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

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Texas Resources for Possession of THC Concentrates

Texas Senate Bill 339 | 84th Legislature — LegiScan provides an impartial real-time legislative tracking service that allows people to track a wide array of legislative information. Use this website to view the bill relating to the medical use of low-THC cannabis and the regulation of related organizations and individuals, otherwise known as the Texas Compassionate Use Act, that Governor Greg Abbott on June 1, 2015. Intractable epilepsy is the only condition that qualifies for participation in Texas’ Low-THC Medical Cannabis Program, and the patient must be a permanent resident of Texas.

The Facts About Marijuana Concentrates | Just Think Twice — Visit this section of the Drug Enforcement Administration (DEA) website to find additional information about marijuana concentrates. You can learn more about how marijuana concentrates are used, the potency of such concentrates, and related facts about marijuana. Additional sections of the website cover better things to do than trying drugs and ways to say no to drugs.


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Evans & Powell, PLLC | Conroe Possession of THC Concentrates Defense Attorney

Were you recently arrested for any kind of criminal offense involving a THC concentrate, wax, or oil? Do not say anything to authorities without legal counsel. Contact Evans & Powell, PLLC as soon as possible.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent individuals all over Montgomery County and Harris County, including Patton Village, Pinehurst, Splendora, Magnolia, Willis, Woodbranch, and several other nearby communities. They can review your case and answer all of your legal questions when you call (936) 622-2000 or complete an online contact form to schedule a free, confidential consultation.


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