San Antonio THC Vape Pen Attorney
Expert THC Vape Pen Attorneys in San Antonio, Texas
Possession of THC Vape Pens in Texas: What You Need to Know
Many people are unaware that THC concentrates, like those found in vape pens, oils, and edibles, are treated far more harshly than marijuana in its natural form until they find themselves
facing felony charges for POSS CS PG 2 < 1G” in San Antonio, Texas. While possessing a small amount of marijuana might result in a misdemeanor, even a trace of THC concentrate can lead to
a felony charge. If you’ve been arrested for having a THC vape pen or other form of THC such as oils or edibles, it’s crucial to understand the potential legal consequences and the defenses
available to you. This guide will cover the key legal issues, penalties, and how an experienced San Antonio THC vape pen attorney can help protect your rights.
Is it Legal to Possess a THC Vape Pen in Texas?
No, THC in concentrated forms like vape pens, oils, or edibles is illegal in Texas. Although marijuana has been decriminalized in many states and THC products are widely available in other parts of the country, Texas law still classifies THC extracts as a controlled substance. In Texas, THC concentrates fall under Penalty Group 2 (PG 2) of the Texas Controlled Substances Act.
This means that any possession of THC concentrates, no matter the form, is illegal unless you are a part of the state’s tightly regulated Compassionate Use Program. Even if the THC comes from legal hemp, which is federally permitted under the 2018 Farm Bill, concentrated forms of THC that exceed the legal limit (0.3% delta-9 THC) remain illegal under Texas State Law.
What Are the Penalties for Possessing a THC Vape Pen in Texas?
Possession of a THC vape pen in Texas can result in serious felony charges. The severity of the punishment depends on the amount of THC you possess. Here’s a breakdown of the penalties
under Penalty Group 2:
- Less than 1 gram: State jail felony, punishable by 6 months to 2 years in a state jail and
fines up to $10,000. - 1 to 4 grams: Third-degree felony, carrying a sentence of 2 to 10 years in prison and
fines up to $10,000. - 4 to 400 grams: Second-degree felony, with a prison sentence of 2 to 20 years and fines
up to $10,000. - More than 400 grams: First-degree felony, punishable by 5 to 99 years in prison and up
to $50,000 in fines.
For possessing less than 1 gram, even though it’s considered a “small” amount, you’re still looking at a state jail felony, which could lead to incarceration, a permanent criminal record, and the potential loss of rights that come along with felony convictions.
Why is THC Possession a Felony While Marijuana Possession is Just a Misdemeanor?
The legal difference between THC and marijuana possession in Texas is based on the form in which the substance is found. Under Texas law:
- Marijuana: Marijuana, which includes the natural flower of the cannabis plant, is treated more leniently. Possession of under 2 ounces of marijuana is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000.
- THC Concentrates: THC in concentrated forms like vape cartridges, oils, or edibles is treated as a Penalty Group 2 controlled substance, the same category as MDMA or ecstasy. This classification reflects the state’s view that concentrated THC products are more potent and thus more dangerous.
This disparity in treatment often surprises people, especially since in many states, THC and marijuana are regulated in a similar fashion. However, under current Texas law, possessing THC is far riskier than possessing traditional marijuana.
Can I Carry a Vape Pen with a Marijuana Prescription?
If you have a prescription for medical marijuana in Texas, it’s important to understand the limitations of that prescription. Texas has a Compassionate Use Program that allows certain patients to use low-THC cannabis for medical purposes. However, this program is extremely restrictive:
- Only patients with specific qualifying conditions like epilepsy, cancer, or PTSD may be eligible.
- The THC concentration in the products prescribed must be below 1%.
- You must be able to prove that the substance you possessed was both prescribed by a doctor authorized under the Compassionate Use Program as well as a licensed dispensary.
Even with a prescription under the Compassionate Use Program, you cannot possess a THC vape pen, edibles, or oils with higher THC concentrations than allowed by law. Doing so could still result in felony charges for possession of a controlled substance.
Smoking marijuana is not an allowable method of consumption under current Texas Compassionate Use Program laws, and therefore flower is not an available option through any of the licensed dispensing organizations. The only legal methods of possessing THC under the Compassionate Use Program are Oil/Tinctures, Lozenges, Tablets, Capsules, Gummies, and Lotion.
Defenses to Possession of THC Vape Pens in Texas
If you’re facing charges for possessing a THC vape pen, there are several potential defenses that can be raised depending on the facts of your case:
- Unlawful Search and Seizure: If the police obtained the evidence through an illegal search or violated your Fourth Amendment rights, the evidence may be suppressed, potentially leading to a dismissal of charges.
- Mistaken Substance: THC vape pens often look identical to nicotine or CBD vape pens. If the substance was not properly tested or if there’s confusion about what the pen contains, this can be a valid defense.
- Lack of Knowledge: If the THC vape pen was not yours, or if you were unaware of its presence, you may argue that you did not knowingly possess the substance.
- Lab Testing Issues: The state must prove the substance is indeed THC and that it exceeds the legal limit of delta-9 THC content. If there’s an error in lab testing, this could weaken the prosecution’s case.
Can I Get My THC Vape Pen Case Dismissed?
It is possible to get a THC possession case dismissed, but it depends on the specifics of the situation. Here are some common ways cases get dismissed:
- Pretrial Diversion Programs: In some cases, first-time offenders may be eligible for a pretrial diversion program, where successful completion can lead to the dismissal of the charges.
- Lack of Evidence: If the prosecution cannot prove beyond a reasonable doubt that you possessed THC, or if key evidence is excluded, your case could be dismissed.
- Motion to Suppress: If your attorney can successfully argue that evidence was obtained illegally, the judge may exclude it from the trial, weakening the case against you.
- Negotiating with the Prosecution: In some cases, an experienced criminal defense attorney may be able to negotiate with the prosecutor to reduce or dismiss charges, especially if you have no prior criminal history.
Why You Should Hire Thornton Criminal Defense for Your THC Vape Pen Case
When you’re facing felony charges for possession of THC in the form of a vape pen, you need an experienced and skilled San Antonio THC vape pen lawyer who understands the complexities of Texas drug laws. Brad Thornton is the right attorney for the job. Here’s why:
15 Years of Experience: With over a decade and a half of experience in criminal law, Brad Thornton has seen every kind of drug case, including those involving THC concentrates.
Former Prosecutor: Brad’s experience as a prosecutor gives him an insider’s perspective on how the other side thinks, which is invaluable when it comes to negotiating plea deals or challenging the prosecution’s evidence.
Board-Certified in Criminal Law: This certification demonstrates Brad Thornton’s expertise and commitment to providing the highest level of criminal defense. Less than 1% of attorneys in Texas have achieved this distinction.
When your future is on the line, having a board-certified attorney like Brad Thornton by your side can make all the difference in the outcome of your case. Contact him today to schedule a consultation and start building your defense.
