Penalty for Possessing THC Oil in Texas

Under Texas drug laws, possession of THC oil in Austin could result in heavy fines and a potentially lengthy jail sentence.

While there are more states now that have either legalized marijuana for medicinal and recreation use or are considering passing these types of laws, Texas is not one of them. Marijuana possession is still considered a drug crime and the law prohibits the use, sale, or distribution of THC oil, as well. If you are facing these types of charges, you need a strong legal defense to protect yourself against the potentially harsh penalties you could be facing.

What are THC Oils?

The possible medical benefits of marijuana are increasingly being recognized by researchers, who claim it may prove useful in treating a wide range of conditions. Proponents hail marijuana for relieving pain, alleviating seizures or muscle spasms, treating conditions such as anxiety and depression, and other uses.

According to Healthline, using oils made from various parts of the marijuana plant may be just as effective. Cannabidiol (CBD) oils are extracted from hemp, a derivative of the cannabis plant, and are readily available from local and online retailers. These oils are considered legal and do not fall under the Texas marijuana laws because they contain only limited amounts of tetrahydrocannabinol (THC), which is the component in marijuana that gives users a high.

While THC oils may be marketed in the same way and for the same functions, they are not legal in the state and possession of them could result in criminal charges. THC oil is often mistakenly brought into the area by people who visit places with more lax marijuana laws. It may also be obtained online or from a local distributor.

THC Oil Charges and Penalties

Under the Texas Health and Safety Code , THC oil is classified as a controlled substance in Penalty Group 2, which is the same category as hallucinogenic drugs and methamphetamines. This means that if you are charged with the possession, sale, or distribution of THC oil, you could be facing felony charges. Penalties are based on the quality of the drug and include:

Less than one gram: This is classified as a state jail felony, meaning you could be facing fines up to $10,000 and between six months to two years in jail.

Between one and four grams: This is a third degree felony, which includes fines up to $10,000 and two to 10 years imprisonment.

Between four and 400 grams: As a second degree felony, this also involves a $10,000 fine and increased prison sentence of up to 20 years.

Over 400 grams: This is a first degree felony, the most serious charge, and involves fines up to $50,000 and up to a 99-year jail sentence.

Get Our Austin Drug Crimes Attorneys on Your Side

If you have been charged with a crime related to THC in Austin, Granger and Mueller PC provides the aggressive legal representation needed to avoid a conviction. Contact our Travis County drug crime attorneys and request a consultation today.

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