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.
