Possession of Hash / Concentrates / THC Wax
The Texas Controlled Substances Act divides drugs into six different penalty groups, but marijuana (referred to in the Texas Health and Safety Code as “marihuana”) falls into a different category entirely.
Marijuana is defined under Texas Health and Safety Code § 481.002(26)(A) 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 term marijuana under state law 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.
The exclusion of these elements means that marijuana-related substances such as hash, concentrates, and tetrahydrocannabinol (THC) wax are actually considered Penalty Group 2 controlled substances.
A person charged with possession of cannabis oil can feasibly face more severe criminal penalties than if the substance had been actual marijuana.
Fort Worth Lawyer for THC Wax Charges
If you have been arrested for possession, manufacture, or delivery of hash or a different kind of marijuana-related concentrate, it is in your best interest to seek legal representation as soon as possible. Townsend, Gebhardt & Eppes, PLLC has more than 30 years of combined experience handling all types of drug cases in the Lone Star State.
Our Fort Worth attorneys represent clients all over Tarrant County, including Arlington and Fort Worth as well as the greater Weatherford area in Parker County and Cleburne in Johnson County. Call 817-502-3600 today to set up a free initial consultation that will let our lawyers review your case and help you understand all of your options.
Tarrant County Marijuana Concentrates Information Center
- How are crimes relating to THC oils classified?
- What are the possible consequences if an alleged offender is convicted?
- Where can I find more information about cannabis concentrates?
Hash, oils, and concentrates frequently have a higher concentration of THC than actual marijuana, but these substances are ingested at a much slower rate. People visiting other states where concentrates are legally sold can mistakenly assume they can bring the products back to Texas without legal penalty because concentrates such as oil, wax, and shatter do not resemble the actual marijuana plant.
Possession, manufacture, and delivery of a controlled substance in Penalty Group 2 have similar classifications for identical amount limits. The statute for manufacture or delivery of a substance in Penalty Group 2 is found under Texas Health and Safety Code § 481.113, and possession of a substance in Penalty Group 2 is under Texas Health and Safety Code § 481.116.
An alleged offender who is accused of possessing, manufacturing, or delivering THC wax, a cannabis concentrate, or other marijuana-related substance in Penalty Group 2 can be charged as follows:
- Less Than One Gram — State Jail Felony;
- One Gram or More but Less Than Four Grams — Second-Degree Felony; and
- Four Grams or More but Less Than 400 Grams — First-Degree Felony.
Possession, manufacture, or delivery of 400 grams or more of a controlled substance in Penalty Group 2 is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years. The only difference between these two statutes is that possession of 400 grams or more of a controlled substance in Penalty Group 2 is punishable by a fine of up to $50,000 while manufacture or delivery can result in a maximum fine of $100,000.
Whereas possession or delivery of less than four ounces of marijuana (the equivalent of more than 113 grams) in Texas would normally result in misdemeanor charges punishable by no more than a year in jail, the felony charges for as little as a single gram of cannabis concentrate can result in even more draconian punishments. Depending on the specific amount involved, a person could face the following sentences:
- State Jail Felony — A fine of up to $10,000 and/or up to two years in state jail;
- Second Degree Felony — A fine of up to $10,000 and/or up to 20 years in prison; and
- First Degree Felony — A fine of up to $10,000 and/or life or up to 99 years in prison.
In addition to the bigger fines and longer terms of imprisonment for possession, manufacture, or delivery of a marijuana concentrate, the effects of a felony conviction potentially carry lifelong consequences. People not only lose their rights to possess firearms, but they can also be denied employment, housing, or professional licenses because of the criminal record.
The Facts About Marijuana Concentrates | Just Think Twice — You can learn more about marijuana concentrates on this Drug Enforcement Administration (DEA) website. This section discusses what marijuana concentrates are, common nicknames, and how concentrates are used. You can also read about the effects of using marijuana concentrates.
Texas Senate Bill 339 | 84th Legislature — Visit the LegiScan website which is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API. The bipartisan bill that legalized oils containing cannabidiol (CBD) was signed by Governor Greg Abbott on June 1, 2015. CBD is a non-euphoric component of marijuana that has a wide range of medical benefits. SB 339 was passed to specifically benefit epilepsy patients in Texas.
Find a Lawyer for Hash Charges in Fort Worth, TX
Have you been charged with possession, manufacture, or delivery of cannabis oil or another marijuana concentrate in North Central Texas? Do not assume the prosecutors will not take your case seriously because it wasn’t “real marijuana,” as many THC-related substances can result in punishments that are even more serious than traditional cannabis crimes.
Townsend, Gebhardt & Eppes, PLLC aggressively defends clients in Fort Worth, Arlington, and surrounding communities in Tarrant County as well as the greater Cleburne area in Johnson County and Weatherford in Parker County. You can have our Fort Worth criminal defense attorneys provide a complete evaluation of your case as soon as you call 817-502-3600 or complete an online form to schedule a free, confidential consultation.