April 20, 2022

An illegal THC concentrate cookie surrounded by marijuana leaves.

Eighteen states have legalized the use of recreational marijuana (including THC concentrates). Unfortunately, Texas is not one of them. Other than qualifying medicinal marijuana, possession of most other forms of marijuana is illegal.

That means that “weed gummies” and other types of THC concentrates (with a THC concentration over 0.03%) can land you in big trouble. That’s especially true if you’re accused of possessing or selling large quantities of THC concentrate products.

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). We operate in the greater Houston area, including Conroe County, 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

It’s important to note that unless you’re prescribed a THC concentrate by a qualified physician, possession of any concentrate with 0.03% of THC or more is illegal in Texas. Further, the penalties for the possession and sale of THC concentrates are typically harsher than those for marijuana flowers.

How Are Penalties For Marijuana Edibles Determined?

Under Texas drug laws, marijuana hashish and concentrates are not considered the same as marijuana. That means that individuals convicted for the possession or delivery of THC concentrate in Texas can expect longer sentences and stricter penalties.

Generally, the penalties for possessing illegal marijuana edibles (containing more than 0.03% THC) depend on the amount. For example:

  • Less than 1 gram: State jail felony punishable by six months to two years in jail and fines up to $10,000.
  • More Than 1 gram but less than 4 grams: Third-degree felony punishable by 2 – 10 years in prison and fines up to $10,000.
  • More than 4 grams but less than 400 grams: Second-degree felony punishable by 2 – 20 years in prison and fines up to $10,000.
  • 400 grams or more: 10 – 20 years in prison, but up to lifetime incarceration and fines 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?

There are no misdemeanor charges available for the possession, sale, distribution, or manufacture of THC concentrates in Texas. Individuals accused of possessing any amount of illegal THC concentrate face felony charges.

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.

It’s important to note that it’s entirely up to the discretion of the police and prosecutor if they will pursue charges. That’s especially true for marijuana concentrates.

Furthermore, in other areas of Texas like Montgomery County, you can expect the full force of the law if you’re caught with any amount of marijuana concentrate in your possession.

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.