Whether it’s the perceived healthier option compared to smoking, the potency of each hit, or the convenience of a vape pen, many people in Texas utilize THC vape cartridges instead of regular Marijuana flower. One may assume that Marijuana flower and THC vape cartridges are treated the same under the law. However, this is the furthest thing from the truth. In fact, possessing Marijuana flower is governed by a completely separate statute than the statue governing the possession of THC oil. This difference can dramatically change the severity of the punishment an individual faces.
Traditional Marijuana flower is prosecuted under the Texas Health and Safety Code provision that specifically deals with Marijuana possession. THC cartridges, on the other hand, are prosecuted under the statute governing possession of a controlled substance. This means that someone possessing a small vape cartridge may face felony level charges that are far more severe than the misdemeanor charges associated with possessing marijuana. Having an experienced Austin Criminal Defense Attorney who understands these distinctions is critical to anyone facing potential felony charges related to possessing a THC vape.
Possession of Marijuana
Possession of Marijuana is governed pursuant to Texas Health and Safety Code § 481.121. The statute states “a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana.” Under Texas Health and Safety Code § 481.002, marijuana means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
The penalties for possession of Marijuana are determined by the weight possessed. These punishments can range from a Class B misdemeanor all the way to a First-Degree Felony in the right circumstance. For mor information concerning Possession of Marijuana and it’s associated charges, Click Here.
For many first-time offenders, possession of a small amount of marijuana is going to result in a misdemeanor. While misdemeanor consequences are still serious, they are drastically different from the penalties associated with possession of THC Cartridges.
Possession of a Controlled Substance
Possessing a THC Vape cartridge is typically prosecuted under Texas Health and Safety Code § 481.113. THC oil commonly found in vape cartridges is classified as a penalty group two controlled substance under Health and Safety Code § 481.103.
Texas distinguishes between marijuana and THC extracts. Once THC is extracted into an oil, wax, or some other form of concentrate, it is considered a controlled substance instead of normal Marijuana.
Under Health and Safety Code § 481.113, the punishment ranges for possession are:
- < 1 Gram – state jail felony
- 1 Gram or more but less than 4 grams – third-degree felony
- 4 grams or more but less than 400 grams – second-degree felony.
- 400 grams or more – first-degree felony
This means that even a single vape cartridge can potentially result in a felony level charge. In many cases, a vape cartridge may weigh under 1 gram; however, this still places you at jeopardy of a state jail felony. This is much more severe of a penalty than a misdemeanor possession of Marijuana charge.
Comparing the Two Charges
The difference between a possession of Marijuana charge and possession of a controlled substance can be enormous. A person caught with a small amount of Marijuana may only face a misdemeanor under Texas law. Meanwhile, that same person possessing the same weight of THC oil can be looking at severe felony penalties.
This can have major consequences, as felony charges impacts your exposure to jail or prison time, the type of bond conditions you may be facing, future employment opportunities, gun rights, and professional licensing issues. The reality is, many individuals do not realize they are carrying a felony-level controlled substance when they walk around with their THC vape in their pocket.
Anyone facing charges of marijuana possession or possession of a controlled substance should understand that the statutes, punishment ranges, and long term consequences can differ dramatically depending on the substance involved. This is why having one of our experienced Austin Criminal Defense Attorneys on your side is crucial to any possession charge.
