THC Crimes – Law Offices of Tim Powers – How Decriminalized Hemp & CBD Affects THC

Marijuana is becoming more socially accepted in the U.S. for medical and recreational use. In June of 2019, Texas legalized hemp and CBD oil, an extract made from industrial hemp. CBD oil and hemp contain less than 0.3% THC (tetrahydrocannabinol). THC is the main psychoactive compound in marijuana and delivers a high for users.

Since the passage of legalized hemp, confusion about whether Texas accidentally legalized marijuana has generated a lot of discussions. At issue are lab tests that cannot yet determine the percentage of THC in seized marijuana plants or edibles.

Not all counties enforce marijuana laws the same, as prosecutors have the discretion to enforce laws more harshly or less harshly. A prosecutor in the Texas Panhandle, for example, may very well choose to treat the possession of marijuana case more seriously in that jurisdiction than a prosecutor in a large metropolitan area like Houston. Since the legalization of hemp in Texas, many urban counties have postponed prosecution of or dismissed misdemeanor marijuana cases.

However, THC and cannabis concentrates are sentenced as felony charges in Texas. Prosecutors will continue to bring these cases, even though testing of the substances may bring challenges. Circumstantial evidence: Vape pens, bongs, pipes, etc. will play a bigger role in these cases. If these are present in the vehicle or home, police will seize these items and assume the substance was not hemp and is illegal.
THC of Any Weight is a Felony Conviction in Texas

Marijuana in Texas is treated separately from other drugs with less than 4 ounces in possession sentenced as a misdemeanor. Marijuana is commonly found in leaf or plant form and can be smoked in joints, baked in brownies and other edibles. Marijuana sentencing is more severe for larger volumes and weights. More than 4 ounces to 5 pounds is a state jail felony with a maximum penalty of 2 years in a state jail facility and $10,000 fine.

By contrast, possession of THC concentrates is treated as a felony in Texas at any weight. Even less than a gram of THC concentrate, oil, or edible will be treated as a state jail felony. Even if THC was purchased legally in Colorado and driven back to Texas, you could face serious consequences.

Many defendants are charged with THC possession and are surprised that the edible gummy bears are treated more severely than raw cannabis leaves and plants. THC is available in many forms and goes by many names on the street, in Colorado dispensaries, and by law enforcement.

Names: cannabis concentrate, hash, hashish, butane hash oil, marijuana resin, extract, and cannabis oil/CO2 oil can all describe concentrated forms of THC compounds.

Forms: wax, crumble, shatter, budder, kief, dabs, and oils are all forms of THC extracts utilized for vaping and smoking.

Street names also include sap, pull-and-snap, and honeycomb.
These forms of THC are concentrated and can sometimes have as much as 25% THC.
Texas law treats this category of THC more severely, as most users have higher amounts of weight in possession when arrested.
Repeat offenders are more likely to have this form of THC in possession.

Edibles and It’s Many Forms and Names

Edibles have greatly expanded the way marijuana can be consumed and make the drug more accessible. Edibles are popular with first-time users of marijuana and have the highest sales at Colorado dispensaries.

Marijuana edibles are no longer limited to “pot brownies.” Most edibles are made from THC oil and not marijuana leaves, meaning this category of cannabis is charged as a felony offense in Texas.

Pot brownies, cookies, and other desserts rarely made with marijuana leaf, if purchased at a dispensary. Most brownies today are made with THC extract.

Gummy bears and cannabis candies: popular with first-time users of marijuana — high school and college students. Edible candies can include chocolates, taffy such as “cheeba chews”, lollipops and more. Most candies are made with THC concentrates.
cooking oil and butter: a common purchase with chefs and home cooks, these oils allow cannabis to be infused into any meal. Unfortunately, THC is in these oils and can lead to a felony.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000 Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. For legal advice about any specific legal question, you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, or Collin County criminal case.


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