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Possession of THC Oil and Concentrates

While many states have passed legislation making marijuana legal for either recreational purposes or medical use, Texas is not one of those jurisdictions. In addition to marijuana remaining an illegal substance in the state of Texas, marijuana derivatives and concentrates also remain illegal controlled substances under Texas law.

If you or someone you know was arrested for possession of THC oil, hash, or another form of marijuana concentrate, fighting these charges will require the assistance of an experienced defense attorney.      


Attorney for Possession of THC Oil in Travis County, Texas

If you were arrested for THC oil possession in Austin or a nearby area including Round Rock, Cedar Park, Leander, or Pflugerville and are unsure about the future of your charges, call The Law Office of Kevin Bennett at (512) 476-4626 to set up a no-obligation consultation with a criminal defense attorney. 

Criminal defense attorney, Kevin Bennett has years of experience working with clients who have been charged with marijuana offenses and other related crimes. Conveniently located in the middle of Travis County, The Law Office of Kevin Bennett welcomes clients facing charges in the surrounding counties of Hays County and Williamson County.


Travis County Marijuana Concentrates Information Center


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What is Cannabis Oil?

Cannabis oil (also known as: marijuana oil, dabs, hash oil or wax) is a thick, sticky, resinous substance made up of cannabinoids, such as THC and CBD.  Cannabis oil is a cannabis based product that is obtained by separating the resins from cannabis flowers using a solvent extraction process. Hash, oils and concentrates have a higher concentration of THC than actual marijuana and are more potent. 

It's not uncommon for individuals to mistakenly assume they can bring the substances back to Texas without legally penalty because concentrates such as thc oil and wax were legally purchased in another state. In fact, many people who have been charged for possession, manufacture, or delivery of THC oil or marijuana concentrates face felony charges after obtaining the substances from other states where concentrates are legally sold.


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Differences Between THC Oil and Marijuana under Texas Statute §481.002(26)

Texas Statute §401.002(26) lays out the differences between marijuana and THC Oil. Texas law defines marijuana, “marihuana” as both growing and non-growing Cannabis sativa L. plants, every compound, manufacture, derivative, mixture, or preparation of the seeds or plants.  

§401.002(26) carves out substances which do not qualify as marijuana under the state. These substances include oil or cakes made from marijuana seeds or plants, resin extracted from the plant of the compound, fibers or mature stalks of the plant, sterilized seeds incapable of germination, or any compound manufacture, derivative, mixture, oil, or cake.

Unlike marijuana, which is not included under Texas’ Penalty Group of controlled substances, THC Oil is listed in Penalty Group 2 of §481.103. This group includes salts, isomers, salts of isomers, and other synthetic equivalent substances made from the marijuana plant.

This means that marijuana-related substances such as tetrahydrocannabinol (THC) wax, concentrates and hash are considered Penalty Group 2 controlled substances and possession of even the smallest amount of the substances is considered a felony in Texas.


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Penalties for Possession of THC Oil under Texas Law

§481.116 of the Texas Controlled Substance Act sets penalties for possession of THC Oil depending on the amount in question. The following penalties are enforced for various quantities of THC oil:

400 or more grams: This is a First-degree felony carrying a punishment of between five (5) and ninety-nine (99) years in prison, a maximum fine of $10,000, or a combination of the two.

4 grams or more, but under 400 grams: This quantity will result in a second-degree felony carrying a maximum of twenty (20) years in prison, a maximum fine of $10,000, or a combination of these punishments.  

1 gram or more, but under 4 grams: A conviction for possession of this quantity of THC oil will result in a third-degree felony carrying penalties of a maximum fine of $10,000, a maximum prison sentence of ten (10) years, or a combination of these penalties.

Under 1 gram: Less than one gram of a Penalty Group substance will qualify as a state jail felony carrying a punishment of up to $10,000 in fines, a maximum sentence of two (2) years in jail, or a combination of these penalties.   


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Additional Resources for Marijuana Concentrates in Texas

Drug Courts- Visit the Drug Court page of the Travis County Courts website for more information on Austin drug courts. This website provides information on pretrial services and the intake process. Also, find more information on hours of operation and contact information for your nearest court.

Texas Controlled Substances Act- Visit the Texas State Legislature website for more information on marijuana offenses and other related drug offenses. This website provides full statutory language on illegal substances under Texas law. Also, find related penalties for marijuana offenses and other related offenses.  


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Find a Lawyer for THC Oil in Austin, Texas

Although many states have become more lenient with regards to marijuana-related offenses, Texas still enforces serious penalties for marijuana offenses and other drug crimes. A conviction for a THC oil offense could result in serious fines, lengthy prison sentences, and a damaged record.

Consulting an experienced criminal defense attorney can mean the difference between a conviction and having your charges dropped. The moment you are arrested for possession of THC oil, call The Law Office of Kevin Bennett at (512) 476-4626 for a free consultation to discuss your options at this time.      

Located in downtown Austin, Kevin Bennett of The Law Office of Kevin Bennett also represents clients accused of drug offenses in Leander, Pflugerville, Cedar Park, and Round Rock. We can work with you to create a defense best suited to your circumstances.  We also represent accused individuals charged in Travis County, Williamson County, and Hays County.  


This article was last updated on Friday, September 15, 2017.