Understanding Texas THC Concentrates Laws

January 23, 2020

The possession and transportation of THC extracts and concentrates has been legalized in many states over the years. It is, however, still illegal in Texas. The consequences of possessing and selling THC concentrates – especially in smaller counties – can be very serious. 

In this article, we take a look at the state’s laws pertaining to THC possession and transportation, its consequences, and the importance of seeking legal help from an experienced Texas drug possession attorney in such cases. 


What is THC?

THC is the abbreviation of tetrahydrocannabinol, which is an extract of the marijuana plant. It is one of the principal psychoactive components of the marijuana plant. Since it is extracted from the plant in a concentrated form, it is far more potent than the plant itself. The THC content of a marijuana plant can be somewhere around 20 percent. The THC content of concentrates, on the other hand, can be as high as 60 percent or even more. 

texas drug possession lawyer

THC concentrates are available in many different forms like wax, oil, sugar, shatter, honeycomb, crumble, and dry sift. 


Legal Consequences of Possessing THC Concentrates in Texas 

Section 481.002(26) of Texas Penal Code categorizes THC extract as a penalty group 2 drug, as a result of which the use, possession, and transportation of the substance is considered a felony, not a misdemeanor. 

The quantum of punishment generally depends on the amount of THC concentrates you possess.

  • If the amount of THC you posses is less than one gram, it is considered a felony, the punishment for which can be up to two years in jail and a penalty of $10,000. 
  • If it is between 1 to 4 grams, it is considered a third-degree felony, the punishment for which can be up to 10 years in prison and a penalty of $10,000.
  • If it is between 4 to 400 grams, it is considered a second-degree felony, the punishment for which can be up to 20 years in prison and a penalty of $10,000. 
  • If it is 400 grams or more, it is considered a first-degree felony, the punishment for which can be anywhere from 5 to 99 years in prison and a penalty of $50,000. 

Getting charged with a first, second, third, or even a state-level felony can have serious consequences that can have an impact on you for the rest of your life. So, it’s crucial to consult an experienced Texas drug possession lawyer who can build a strong defense to the charges against you and aggressively fight for a favorable outcome. 


texas drug possession attorneyLegal Consequences of Selling THC Concentrates in Texas

The punishment for selling THC concentrates is the same as the punishment for possessing them, which is explained in the previous section. The only difference is that if you are caught trying to sell 400 grams or more of THC concentrates, you will have to pay a $100,000 fine, which is twice as much as the fine imposed for possessing the same amount of THC concentrates. 


Legal Help for THC Possession and Distribution in Texas

Getting charged with a felony can adversely impact your personal, professional, and social life – even after your release from prison. So, it’s critical to contact a skilled Texas criminal defense attorney who has the skills, experience, and resources to have the charges against you dismissed or reduced to the extent possible. 

If you’re facing charges of THC possession or distribution, all hope is not lost. At Flood & Associates, our team of experienced, passionate, and dedicated drug possession defense attorneys will give you the best defense possible. With an 80-percent win rate and an in-house crime lab, no one in the state of Texas compares to our resources and team. 

Call our team 24/7, 365 at (713) 224-5529 for a free case review or use this online form to request a free consultation with one of our attorneys.



Use the form to submit your request for a free consultation.

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