Yes, you certainly can. THC (tetrahydrocannabinol) is the psychoactive compound in cannabis. When it makes up 0.3% of a smokable or ingestible product, THC is illegal in Texas.
CBD (cannabidiol) is a non-psychoactive product derived from cannabis, either marijuana or hemp. CBD, as long as it contains no more than 0.3% THC, is legal to possess and regulated to sell in Texas.
Substances that contain more than 0.3% THC re illegal here. That includes THC that has been prepared as vape juice, hash, concentrated oil or concentrated wax. (When it is prepared as a concentrated wax, it is called a “dab.”) Naturally, marijuana flowers are also illegal because they contain more than 0.3% THC.
In other words, marijuana that contains the stuff that gets people high is illegal in Texas. That’s true whether it’s in traditional plant form, dabs, hash, concentrates, oils, extracts or vape juice.
Will personal use be charged as a misdemeanor or a felony? What are the penalties?
The state of Texas takes possession of marijuana seriously, although it doesn’t always charge it as a felony. Possessing two ounces or less is a Class B misdemeanor which can get you up to 180 days in jail and up to a $2,000 fine. Possessing two to four ounces is a Class A misdemeanor, and the potential penalty goes up to perhaps a year in jail and up to a $4,000 fine.
Possession of more than four ounces of marijuana is a felony. Depending on the amount, you could face anywhere from 180 days to 99 years behind bars and up to a $50,000 fine.
Possession of THC concentrates is considered more serious. Possessing less than a gram of hash or marijuana concentrate could result in between 180 days and two years in jail and up to a $10,000 fine. Possessing more than that makes the potential penalty get much larger: between 2 years and life in prison and up to a $50,000 fine.
Those are worst-case scenarios under Texas law, but they are all possible. And those are only for possession.
The potential penalties get even higher when you manufacture, sell, or deliver illegal THC products. In many cases, these acts carry mandatory minimum sentences. The penalties can go up even more if you sell to a minor or in a drug-free zone. Conspiracy and trafficking are the most serious nonviolent marijuana crimes in Texas.
Finally, don’t forget that marijuana is still illegal federally. You could be arrested for a federal crime – and the potential penalties can be even more alarming.
I’m not trying to get high. I just like CBD. Am I safe?
Not necessarily. Unfortunately, CBD regulation is still in its infancy. Many CBD products actually contain more than 0.3% THC even when they are labeled otherwise. If the police suspect your CBD products may contain an illegal amount of THC, they could field test it and arrest you.
What should I do if I’m arrested?
Possessing even a small amount of marijuana or THC concentrates can have serious consequences, if you are convicted. Students can lose their federal financial aid. You can lose your job or your professional license. Immigrants can be deported. You can lose your housing. You can even lose your kids, in some cases.
Even though it may not seem like a big deal, you should never plead guilty to any drug crime. You need to fight these charges.