Statutory Crimes in San Marcos Background

Marijuana Concentrate

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Marijuana Concentrate or Hash Oil or Dabs

Many people view the possession of marijuana concentrate as equal to possessing regular marijuana. In addition, it is said that marijuana concentrate is much cleaner and convenient. After all, it does not leave an odor and comes in convenient cartridges. However, the consequences of getting caught with marijuana concentrate versus regular marijuana are much more severe.

Generally, simple Possession of Marijuana is a Class B misdemeanor. See Tex. Health & Safety Code Ann. § 481.121 (West 2018). However, simple possession of marijuana concentrate/hash oil/dabs starts out as a state-jail felony.

Texas Health and Safety Code section 481.002 provides the definition of marijuana. Marijuana concentrate/hash oil/dabs is not marijuana under the Code because, specifically, the Code provides that marijuana “does not include . . . the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture” or a “compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, oil, or cake.” See Tex. Health & Safety Code Ann. § 481.002(26) (West 2018).

Marijuana concentrate/hash oil/dabs is a Penalty Group 2 controlled substance. Texas Health and Safety Code Section 481.103 defines it as “tetrahydrocannabinols, other than mari[j]uana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the [c]annabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.” See Tex. Health & Safety Code Ann. § 481.103(a)(1) (West 2018).

Below lists the penalties for possessing or distributing marijuana concentrate/hash oil/dabs:

Penalties for Possession of Marijuana Concentrate/Hash Oil/Dabs

According to the Texas Health and Safety Code section 481.116, the following list defines the penalties for drug possession in Penalty Group 2:

  • An individual can be charged with a state jail felony drug possession offense if the amount of the substance in their possession is less than one gram. A conviction for this offense can result in a jail sentence ranging from 180 days to 2 years and/or a fine up to $10,000.
  • An individual can be charged with a felony of the third degree drug possession offense if the amount of the substance in their possession is more than one gram but less than four grams. A conviction for this offense can result in a prison sentence ranging from 2 to 10 years and/or a fine not more than $10,000.
  • An individual can be charged with a felony of the second degree drug possession offense if the amount of the substance in their possession is more than four grams but less than 400 grams. A conviction for this offense can result in a prison sentence ranging from 2 to 20 years and/or a fine up to $10,000.
  • An individual with 400 grams or more of a substance in their possession can receive 5 to 99 years in prison and/or a fine up to $50,000.

See Tex. Health & Safety Code Ann. § 481.116 (West 2018).

Penalties for Manufacturing or Delivery of Marijuana Concentrate/Hash Oil/Dabs

According to the Texas Health and Safety Code section 481.113, the following list defines the penalties for manufacturing or delivery of a controlled substance in Penalty Group 2:

  • An individual can be charged with a state jail felony if the amount distributed is less than one gram. A conviction for this offense can result in a jail sentence ranging from 180 days to 2 years and/or a fine up to $10,000.
  • An individual can be charged with a felony of the second degree if the amount distributed is more than one gram but less than four grams. A conviction for this offense can result in a prison sentence ranging from 2 to 20 years and/or a fine not more than $10,000.
  • An individual can be charged with a felony of the first degree if the amount distributed is more than four grams but less than 400 grams. A conviction for this offense can result in a prison sentence ranging from 5 to 99 years and/or a fine up to $10,000.
  • An individual with 400 grams or more distributed can receive a term of 10 to 99 years in prison and/or a fine up to $50,000.

See Tex. Health & Safety Code Ann. § 481.113 (West 2018).

In Texas, it is always an offense to possess marijuana. However, few people know that it is a felony offense to possess marijuana concentrate/hash oil/dabs.

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