Possession of THC Oil & Marijuana Vape Pens Are Felonies in Texas

Andrew Peveto is an experienced Dallas criminal defense attorney who can help you with your drug possession charge if you’ve been arrested for possession of THC oil or marijuana vape pens. Since the offense carries potential felony sentencing, it’s in your best interest to call for a free case review and explore the legal options available, given your unique situation.

Caught with Marijuana Extracts?

While carrying less than four ounces of marijuana can be categorized as a misdemeanor in Texas, potent marijuana extracts (which can reach 40-80% THC levels) are classified as felony offenses.

Texas has outlawed the possession of recreational marijuana and any amount of:

  • Cannabis concentrate, including hash
  • Marijuana vape pens and vape juice
  • Edible marijuana goods
  • THC oil
  • THC concentrate – crumble, wax, oil, budder, syringe, sugar, shatter, lotion, trim run, nug run, pull and snap, dry sift, ice and water

Stores in Texas may sell hemp products like CBD oil if they contain less than 0.3% of THC.

You May Need a Marijuana Lawyerto Avoid Harsh Penalties

A marijuana lawyer can help reduce or dismiss your case if you have been arrested for possession of THC oilor marijuana vape pens. Otherwise, you may face an incredibly harsh sentence. Possession of a form of marijuana concentrate such as THC oilcarries felony punishment, as per Texas Statute § 481.116.

Here’s what that means:

  • Found with less than a gram, you face up to two years in prison and fines up to $10,000.
  • Found with one to four grams, you face up to 10 years in prison and fines up to $10,000.
  • Found with four or more grams, you face up to 20 years in prison and fines up to $10,000.
  • Found with 400+ grams, you could go to jail for up to 99 years and be forced to pay up to $10,000.


Dallas Drug Possession LawyerDefense Strategies

A Dallas drug possession lawyer uses knowledge of the law and familiarity with the court to help good people get on with their lives after arrest. The possession of marijuana is no joke in Texas, though it’s fully legal for adults in 11 states as of the 2020 election. Potential defenses may include:

  • A refutation that the drug was “knowingly” or “intentionally” possessed – Defendants can be exonerated if they had reason to believe the marijuana vape pen contained tobacco, or if the paraphernalia belonged to a friend and was left with the defendants unbeknownst to them. Criminal history, witness interviews, as well as facts and circumstances can be used to prove the case.
  • A refutation of “possession” – Defendants can sometimes claim they were not in actual possession of the contraband. Were fingerprints on the items? Is video available? Were the drugs belonging to a friend? Were they stashed by someone else in the vicinity, without the defendant’s knowledge? Could it be possible an officer planted the evidence on the defendant? If the drugs belonged to someone else and you had no intention to use or profit from the drugs in any way, doubt can be cast upon the state’s allegations. Character-building witness testimony can be used to pursue this strategy.
  • A refutation that the item is a “controlled substance” – If there are no drugs at the time of trial, there is no case. If a forensic lab cannot precisely identify the controlled substance, there is no case.
  • Valid medical marijuana prescription – Medical marijuana is legal in Texas in very limited circumstances. A valid prescription is an absolute defense that is easily clarified with documentation.
  • Miranda rights challenge – Police in Texas have been known to violate criminal suspects’ constitutional rights, including the right to read the Miranda rights (the right to remain silent and the right to an attorney). Any interrogations prior to or in absence of the reading of your rights can be categorized as “intimidation” and inadmissible in court, causing suppression of all “evidence.”
  • Search and seizure challenge – Unlawful search and seizure is another constitutional violation that a good Dallas drug possession lawyer will often tap for defense. The police must obtain a valid search warrant by establishing probable cause. The police may not exceed the scope of the warrant or violate the terms of it in any way, or all evidence collected improperly can be inadmissible in court.

It costs nothing to consult with a criminal defense attorney with experience in drug law. Call Peveto Law today.