Fewer drugs have been the subject of as much controversy – or as much confusion – as marijuana. State laws regarding the possession, cultivation, and sale of cannabis products vary dramatically from state to state. In Texas, cannabis or “weed” is illegal except in extremely limited circumstances. This includes all edibles and products containing the psychoactive component THC (tetrahydrocannabinol). Cookies, candy, brownies, and other products containing THC concentrates are typically penalized more harshly than marijuana and may lead to felony criminal charges and even decades behind bars.

THC Concentrates Including Oil and Wax Are Penalized More Harshly Than Marijuana

Like most states, the criminal penalties an individual faces for possession of an illicit drug varies depending on the amount of the drug in possession. The greater the amount of the drug an individual allegedly possesses, the worse the penalties. Possession of less than two ounces of marijuana is a Class B misdemeanor and possession of two to four ounces is a Class A misdemeanor. Possession of any amount greater than four ounces is a felony offense. Distribution of greater than a quarter of an ounce (or seven grams) is also a felony offense.

However, THC edibles are not penalized the same as “marijuana flower” or the physical plant material THC concentrates like hash oil or wax, the substance typically in marijuana edibles, are classified in drug penalty group two. Possession of drugs in this penalty group is penalized more harshly. Possession of less than one gram of THC concentrate can result in state jail felony charges. State jail felonies are punishable by 180 days to two years in jail and a fine of up to $10,000. Possession of one to four grams of a THC concentrate is a third-degree felony punishable by up to 10 years in prison. If you are caught with four to 400 grams of THC concentrates, you face second-degree felony charges and up to 20 years in prison. Possession of more than 400 grams, or just under a pound, of THC concentrates is a first-degree felony punishable by five to 99 years in prison and a maximum fine of $50,000.

The so-called “war on drugs” has led law enforcement officials to crack down on anyone who is suspected of possessing, using, selling, manufacturing, or distributing controlled substances. However, drug charges can range in severity depending on the types of drugs involved in a case, as well as the amount of the drugs and whether allegations involve simple possession or the intent to deliver or distribute drugs to others. The most serious types of drug charges involve what are commonly known as “hard drugs,” which are substances that are considered to be highly addictive and dangerous without accepted medical benefits.

Drug Charges for Substances in Penalty Group 1

The Texas Penal Code groups controlled substances into several different categories, and drug charges will depend on which penalty group includes a specific drug. Most hard drugs are included in Penalty Group 1, and the possession, manufacture, or delivery of these substances will result in the most serious charges. Drugs in Penalty Group 1 include heroin, cocaine, methamphetamines, raw opium, and other opioids or opiates that are not included in other penalty groups. The Texas Penal Code also identifies Penalty Group 1-A, which includes LSD and other similar hallucinogens.

Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

Texas Drug Paraphernalia Charges

Drug paraphernalia may include any items or equipment involved in using, manufacturing, or distributing illegal drugs. Examples may include:

• Pipes and other devices used to smoke marijuana

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Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

In the state of Texas, criminal drug charges can result in severe consequences that may affect you for the rest of your life, including burdensome fines, extended imprisonment, and a criminal record that can impact your employment opportunities, immigration status, and more. Drug possession on its own is treated as a serious offense, and when you are facing charges of intent to distribute or manufacture drugs, the potential penalties are even more significant. However, it can be difficult for the prosecution to prove intent in cases such as these. That is why it is essential that you consult a skilled criminal defense attorney who can build a strong defense on your behalf. 

What Are the Penalties for Possession With Intent to Distribute or Manufacture?

You may be charged with possession with intent to distribute or manufacture a controlled substance if law enforcement believes that you are in possession of a drug for purposes other than your own personal use. In most cases, these charges can result in greater penalties than charges of possession alone under Texas law. For example, possessing 1-4 grams of cocaine is a third-degree felony with possible penalties including 2-10 years of imprisonment and up to $10,000 in fines, whereas possessing the same amount with intent to distribute or manufacture is a second-degree felony with a maximum prison sentence of 20 years in addition to a possible $10,000 fine.