April 20, 2022
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney who served as a chief prosecutor and as a felony prosecutor.
Texas distinguishes unlawful marijuana and THC possession from compliant hemp and possession authorized under the Compassionate Use Program. Whether a concentrate is lawful depends on the product and the applicable statutory requirements, not simply whether it is described as marijuana or sold as hemp.
THC gummies and other concentrates can lead to felony charges when they contain a controlled substance and no legal authorization applies. Compliant hemp and prescribed low-THC cannabis must be distinguished from unlawful concentrates.
If you’ve been arrested for the sale, distribution, or possession, of THC concentrates, it’s in your best interest to consult with a Houston lawyer for marijuana charges as soon as possible. A criminal defense attorney drastically increases your odds of dismissed or reduced charges in many cases.
At The Napier Law Firm, we’re here to help individuals facing first-time marijuana offenses and subsequent charges. We operate in the greater Houston area, including Conroe in Montgomery County, Harris County, Galveston County, and Fort Bend County.
Contact us today for your free case evaluation. Continue reading to learn more about THC concentrate laws in Texas.
What is a THC Concentrate?
A THC concentrate is a condensed accumulation of THC in any particular form. A few of the most common types of THC concentrates and extracts in Texas include:
- Marijuana gummies
- Dabs
- Hash
- Wax
- High Terpene Full Spectrum Extract (HTFSE)
- Live Resin
- THC concentrate vape pens
Texas uses a hemp definition with no more than 0.3% delta-9 THC on a dry-weight basis, not 0.03%. That does not make all products below the threshold lawful. Product composition, applicable hemp rules and any valid Compassionate Use Program prescription must be considered separately.
How Are Penalties For Marijuana Edibles Determined?
Texas excludes resin and specified resin preparations from the marijuana definition. Unlawful THC concentrates classified in Penalty Group 2 are governed by Section 481.116 rather than the marijuana possession weight chart.
For unlawful possession of a Penalty Group 2 substance, Section 481.116 uses aggregate weight, including adulterants and dilutants, rather than THC content alone. The ordinary ranges are:
- Less than one gram: state jail felony; 180 days to two years in state jail and a possible fine up to $10,000.
- At least one gram but less than four grams: third-degree felony; two to 10 years in prison and a possible fine up to $10,000.
- At least four grams but less than 400 grams: second-degree felony; two to 20 years in prison and a possible fine up to $10,000.
- 400 grams or more: five to 99 years or life in prison and a possible fine up to $50,000.
It’s important to note that the penalties for manufacturing, selling, or delivering marijuana concentrates can be even harsher. That means that baking “weed brownies” for your next gathering could lead to a criminal record and serious prison time.
Is Possession of THC Concentrates a Felony in Texas?
Unlawful possession of a THC concentrate classified in Penalty Group 2 is ordinarily a felony even below one gram. That statement does not cover compliant hemp or possession authorized under the Compassionate Use Program. The substance and applicable exceptions must be identified before assigning a penalty group.
An experienced marijuana concentrate attorney in Houston can significantly increase your chances of obtaining decreased or dismissed charges in your case. Whether you’re a first-time offender or you’ve faced Texas drug charges in the past, the criminal defense team at The Napier Law Firm can help. Contact us today to learn more.
What to do if You’re Arrested For THC Concentrates in Texas
Generally, Houston is more relaxed than many areas of Texas when it comes to arresting low-level marijuana offenders. However, even if they don’t arrest you, you may be cited and face criminal charges.
Enforcement decisions depend on the evidence and applicable law. Police and prosecutors must establish the legal basis for a charge; describing a product as a concentrate does not, by itself, determine whether possession is unlawful.
In Montgomery County, unlawful possession of a Penalty Group 2 THC concentrate can be a felony even below one gram. Lawful-prescription and other statutory exceptions still matter; not every product or possession circumstance is treated the same.
If you’re arrested for possession of illegal weed concentrates, it’s in your best interest to:
- Remain calm and respectful
- Remain silent
- Contact a Texas criminal defense attorney as soon as possible
Contact a Texas Criminal Defense Lawyer Today
Overcoming first-time or subsequent THC concentrate and hash charges in Houston is possible. However, it requires a solid criminal defense strategy and a skilled attorney for marijuana charges.
At The Napier Law Firm, our criminal defense team knows how to spot flaws in the prosecution’s case, advocate for your rights, and seek the best possible outcome under the circumstances.
Contact us today to speak with an experienced Houston criminal defense lawyer you can trust.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.