how much does a good lawyer help for drug possession thc oil

by River Medhurst 10 min read

What is the penalty for possession of THC oil in Texas?

Possession of less than one gram of a THC extract or concentrate is charged as a state jail felony pursuant to Texas Health and Safety Code § 481.116. A state jail felony may result in a sentence of imprisonment ranging from 180 days to two years. It is a third-degree felony to possess one to four grams of a THC extract or concentrate.

What should I do if I’m arrested for possession of THC oil?

Aug 16, 2021 · 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 ...

What is the maximum sentence for possession of THC in California?

An arrest for any criminal offense can be scary. If convicted of Possession of THC Oil, you are facing the potential of jail time, fines, probation, and even the loss of your driver’s license. Put our experience to work for you and call the Law Offices of Russo, Pelletier & Sullivan at (727) 578-0303 today for a free consultation.

Is THC a misdemeanor or a felony?

Hoeller Mclaughlin PLLC offers experienced drug lawyers that can help you fight your THC and edibles drug possession charge. THC is a felony penalty group 2 drug in Texas. Our drug lawyers are all former prosecutors. Our goal is a dismissal. Contact us at 817-334-7900. We have offices in Fort Worth and Colleyville.

What happens if you get caught with THC oil in Texas?

If you are caught with four to 400 grams of THC concentrates, you face second-degree felony charges and up to 20 years in prison. Possession of more than 400 grams, or just under a pound, of THC concentrates is a first-degree felony punishable by five to 99 years in prison and a maximum fine of $50,000.Apr 7, 2021

Is THC oil considered a controlled substance?

In addition to modifying the definitions of “tetrahydrocannabinols” (THC) and “marijuana extract” to exclude legal hemp, and removing FDA-approved CBD-based drugs from scheduled control under the Controlled Substances Act (CSA), the DEA announced a new rule clarifying that all hemp derivatives or extracts exceeding 0.3 ...Aug 24, 2020

Is a THC cartridge a felony in Texas?

The short answer is yes, it is a felony to possess a THC Vape Pen in the State of Texas. While it is legal to buy and possess a THC vape pen in many states, Texas is not one of them. In fact, if you get caught in Texas with a THC vape pen you can be in real legal trouble.Mar 12, 2021

What penalty group is THC oil in Texas?

Penalty Group 2 controlled substancesWhile marijuana is treated differently than other drugs under Texas law, tetrahydrocannabinol (THC) extracts and concentrates are classified as a Penalty Group 2 controlled substances under Texas Health and Safety Code § 481.103.

What Will the Effect of a THC Oil Charge Have on My Criminal Record?

While marijuana and THC oil charges carry significant consequences, my clients are usually most concerned with how this will affect their record. The good news is that I have yet to have a single client who was arrested for THC oil possession be convicted. Sometimes we are able to get the charge dropped.

What Are the Penalties for THC Oil Possession?

Under Florida Statute 893.03, THC oil is a schedule 1 controlled substance. Under Florida Statute 893.13, possession of THC oil is a third-degree felony. This means it is punishable by a maximum of five years in prison and a fine of up to $5,000.

Are There Defenses to THC Oil Charges?

There are numerous defenses to THC possession charges if presented correctly.

Criminal Defense Lawyer for THC Oil and Possession of a Controlled Substance Charges in Pinellas County

I have been practicing law for the past 20 years primarily in Pinellas County. Law enforcement does not give you any breaks at the scene if they find THC oil in your possession. But, I am often able to find defenses or mitigate the effects of the charge. Most of my clients want to protect their criminal record and avoid jail.

Common Examples of THC Concentrates

THC is the chemical term for the resin derived from the cannabis plant, whether organic or synthetic. Some common examples of THC extracts and concentrates include the following:

What are the Penalties for Possession of THC Extracts?

Possession of less than one gram of a THC extract or concentrate is charged as a state jail felony pursuant to Texas Health and Safety Code § 481.116. A state jail felony may result in a sentence of imprisonment ranging from 180 days to two years.

Call a Lubbock Possession of THC Extracts and Concentrates Attorney Today

Possession of THC extracts or concentrates is a felony under Texas law, and a felony conviction can have severe consequences. Contacting a Lubbock THC extracts and concentrates lawyer may be crucial to building a strong defense to these charges and determining the strategy that may best benefit you in court. Call today to schedule a consultation.

Where to call for THC arrest in Austin?

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.

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 ...

What is marijuana in Texas?

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, ...

Is THC a felony in Texas?

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. Back to Top.

Does Texas have a marijuana offense?

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.

Is marijuana legal in Texas?

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.

Possible Defenses to a Possession of THC Oil Offense

There are a number of potential defenses to the offense of Possession of THC Oil. However, our top-rated Pinellas County THC Oil Defense lawyers have found that the following defenses are the most common:

Solutions for a THC Oil Arrest

With Russo, Pelletier & Sullivan, you have the benefit of a team of lawyers that have served as both prosecutors and defense attorneys. This valuable insight will be used to evaluate the strengths and weaknesses in your case.

Call our Office for a Free Consultation

An arrest for any criminal offense can be scary. If convicted of Possession of THC Oil, you are facing the potential of jail time, fines, probation, and even the loss of your driver’s license. Put our experience to work for you and call the Law Offices of Russo, Pelletier & Sullivan at (727) 578-0303 today for a free consultation.

How long is THC in jail?

In comparison, possessing less than a gram of THC, like in a Vape Pen or in an edible is a state jail felony (6 months to 2 years in a State Jail Prison Facility; up to a $10,000 fine). If you are arrested for possession THC, the charge is typically “Possession of a Controlled Substance Penalty Group 2.”. The degree of felony depends on the weight ...

How long does it take to get a drug charge dismissed?

If you successfully complete the FODP program, your drug possession charge will be dismissed and eligible for an expunction after a 1 year waiting period . Here is the list of charges that may qualify for the First Offender Drug Program: The following offenses may be eligible for FODP:

Is THC a psychoactive substance?

THC or Tetrahydrocannabinols is the principal psychoactive constituent of cannabis, also more commonly referred to as Marijuana or Marihuana. But unlike Marijuana, THC is currently punished more severely than Marijuana.

How much THC is in weed?

While very high-quality marijuana can contain 20% THC content, cannabis concentrates be extremely potent, having as much as 6o% or up to 90% THC content. The process of extracting THC removes all the marijuana leaves and impurities while retaining the cannabinoids and terpenes.

What is THC used for?

THC is used to help with weight loss and nausea. Despite these medical benefits, and despite shifting attitudes toward marijuana in other states, THC is still in the second most severe penalty group in Texas. The penalties for possession of THC are determined by quantity, and the quantity is measured in grams.

What is the Texas Controlled Substances Act?

Section 481.002 (26) of the Texas Controlled Substances Act defines marijuana as the leaves and seeds of the Cannabis Sativa L . plant, including compounds and mixtures of the seeds and the plant.

How has marijuana changed?

People in all age groups and from all backgrounds are becoming more tolerant and accepting of marijuana. When marijuana and THC were legalized in Color ado and Washington, it was a huge story across the country and across the world. Since then, many more states have followed, and every legislative cycle, more states will continue to follow. Where it is legal, cannabis production and cultivation has become a massive industry. In addition to smoking marijuana, the variety of ways that someone can consume THC has exploded. There are many kinds of marijuana extracts that can be smoked—cannabis extracts with names like BHO, shatter, wax, crumble can be vaporized and inhaled. There are countless kinds and types of ways to eat THC-infused candy and other foods. Edibles, dabs, and other concentrates are now very popular and widespread, and they are becoming more so as extraction methods become easier and more accessible. The rising popularity of extracts is occurring not only in states where they are legal, but they are showing up more frequently in Texas as well, where both possession and manufacturing are punishable as felonies.

How long is a second degree felony in Texas?

The punishment for a second-degree felony can span anywhere from two and twenty years in prison. Any amount over two thousand pounds can mean a prison sentence of anywhere between five and ninety-nine years. These are only the ranges of punishment, based on weight, for possession of marijuana in Texas.

Is THC legal in Texas?

In a state in which marijuana and THC are legal (i.e., not Texas), some dispensaries and stores have as many kinds of food infused with THC as can be imagined. There are candies such as gummy worms, gummy bears, mints, chocolates, hard candy, soft candy.

Is cannabis a felony in Texas?

Not surprising that cannabis extracts are felonies in Texas, and depending on the amount, the charges can range from a state jail felony to a first-degree felony, and this is likewise dependent on weight.

THC Oil

THC oil a concentrated version of the psychoactive part of the marijuana plant (THC), which is isolated and extracted to produce the oil. This greatly increases the oil’s potency. While high-grade marijuana may contain 20 percent THC, THC oil can range from 60 percent all the way up to 90 percent.

Distinctions Made

The critical distinction between marijuana and cannabis concentrates like THC oil is the stark difference in criminal charges and potential penalties. While possessing up to four ounces of marijuana remains a misdemeanor in Texas, possessing any amount of THC is a felony – there is no misdemeanor level of possession of THC oil.

Texas Drug Classifications

In the State of Texas, controlled substances (or drugs) are classified into four separate categories that begin with those that are punished most harshly (based on several factors) and that decrease from there. Said groups are organized based on a drugs’ medical value (if any) and potential for abuse.

If You Are Facing Drug Charges, Consult with an Experienced Killeen Criminal Defense Attorney Today

Drug charges are always serious charges, and Texas can be especially harsh when it comes to THC oil and other THC products. If you are facing drug charges, Brett Pritchard at The Law Office of Brett H.