Criminal Defense Drug Offenses
Possession of THC
THC (tetrahydrocannabinol) concentrates, including vape cartridges, wax, shatter, edibles, and oils, are treated very differently from marijuana flower under Texas law. THC concentrate is classified as a Penalty Group 2 controlled substance under Texas Health & Safety Code § 481.116, which means even a small amount can result in a felony charge. Many people are surprised to learn that a THC vape cartridge carries harsher penalties than marijuana. Todd Rash defends clients facing THC possession charges throughout North and Central Texas.
Why THC Concentrates Are Charged as Felonies
Under Texas law, marijuana flower is charged under a separate statute with lower penalties. However, THC in any other form, such as oils, waxes, edibles, or vape cartridges, is classified as a Penalty Group 2 substance. This means possession of even less than 1 gram of THC concentrate is a state jail felony, while the same amount of marijuana flower would be a Class B misdemeanor.
Penalty Group 2 THC Possession Penalties
Less than 1 gram: State jail felony (180 days to 2 years, up to $10,000 fine). 1 to 4 grams: 3rd degree felony (2–10 years). 4 to 400 grams: 2nd degree felony (2–20 years). Over 400 grams: 1st degree felony (5–99 years or life).
THC Edibles and Food Products
THC-infused food products such as gummies, brownies, and candies are also classified as Penalty Group 2 substances. The weight used for charging purposes includes the entire weight of the edible product, not just the THC content. This can result in significantly higher charges for edibles than for an equivalent amount of concentrate.
Hemp and the 0.3% THC Threshold
Since Texas legalized hemp in 2019, the legal distinction between hemp and marijuana depends on THC concentration. Products with 0.3% THC or less are legal hemp. Products above that threshold are illegal. An attorney can challenge whether the substance tested actually exceeded the legal threshold.
Potential Penalties
- › Less than 1g: State jail felony (180 days to 2 years, $10,000 fine
- › 1–4g: 3rd degree felony (2–10 years
- › 4–400g: 2nd degree felony (2–20 years
- › Over 400g: 1st degree felony (5–99 years or life
- › Edible weight includes entire product, not just THC content
Possible Defenses
- › THC content was below 0.3%: legal hemp product
- › Unlawful search and seizure
- › Lack of knowledge of the substance
- › Lab testing errors or improper weight calculation
- › Constructive possession: substance was not yours
- › Eligibility for deferred adjudication
Frequently Asked Questions
Facing Possession of THC charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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