Vaping pens and e-cigarettes quickly have become big business in the tobacco industry. Nonetheless, some individuals have found a new use for vaping devices as a mechanism for smoking pot that tends to be far more discreet than smoking joints or using bongs. By using marijuana in oil, wax, or liquid form and placing it in a vial, users simply can drop it into a vaping pen or e-cigarette instead.
The problem is, possessing even a small amount of marijuana in oil, wax, or liquid form could result in felony charges, as opposed to a small amount of loose or dried marijuana, which is typically a misdemeanor offense. Due to the differences in weight and characterization under Texas law, possession of marijuana or THC oil is likely to cause far more severe criminal charges than those for possession of marijuana in its traditional form.
Texas law remains strictly anti-marijuana, especially as compared with the numerous states that have legalized small amounts of marijuana for medical or even recreational use. However, Texas law classifies marijuana differently from THC wax, also known as butane hash oil, hash, or dabs. As far as Texas law is concerned, THC wax is a controlled substance whose possession carries the potential for far more severe penalties than those for possession of marijuana.
Under current Texas law, possession of two ounces or less of marijuana is a misdemeanor offense that can result in up to 180 days in jail and a maximum $2,000 fine. Possession of one to four grams of THC, hash oil, or a concentrate, however, is a felony offense that can result in a two to ten-year prison sentence and a maximum $10,000 fine. Despite the fact that marijuana and hash oil contain the same active ingredient, or THC, Texas legislators do not consider it to be the same substance. An experienced Texas criminal defense attorney can help you build a strong defense against any criminal charges. We are here to evaluate the facts surrounding your case, present your options, and help you make the decisions that will be most beneficial to you, based on your circumstances. Contact Peek & Toland at (512) 474-4445 today and see how we can help.