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TX defense lawyerFewer 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.

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Plano criminal defense attorney drug possession

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.

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Plano criminal defense attorney marijuana DWI

For many people, alcohol is the first substance that comes to mind in relation to the offense of driving while intoxicated (DWI), but Texas law defines intoxication as having one’s mental and physical capacities impaired by the use of any drug or substance. As some states continue to legalize or decriminalize marijuana and THC products, many drivers are being arrested on DWI charges related to these specific substances. In Texas, where recreational marijuana use and possession remain illegal and medical marijuana is highly regulated, motorists may face harsh penalties for driving under the influence of marijuana. If you are facing marijuana DWI charges, you need a skilled criminal defense attorney who can help you contest and reduce the charges or avoid a conviction altogether.

Defense Strategies for Marijuana DWI Cases

While Texas specifies a blood alcohol concentration (BAC) of at least 0.08 percent for alcohol intoxication, there is no clear standard when it comes to marijuana or THC. This means that marijuana DWI charges and sentencing often come down to the testimony of law enforcement officers against the testimony of the defendant. A lawyer who has experience with marijuana cases can pursue defense strategies that may help you persuade the jury of your innocence. These strategies include:

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