Defense Of Marijuana Charges

Although most people consider marijuana to be less harmful than drugs such as methamphetamines and cocaine, the state of Texas takes crimes involving marijuana seriously, and the penalties, if convicted, are severe. Even a conviction for the possession of a small amount of marijuana can impact your ability to get a job, a loan, a scholarship or access to other opportunities.

At The Shapiro Law Firm in Plano, we believe that everyone deserves to have their rights protected after an arrest. Our attorneys have more than 40 years of experience representing individuals charged with drug offenses involving marijuana, methamphetamines, cocaine, prescription drugs and other controlled substances in Collin County and the Dallas-Fort Worth area. We know how to build a solid defense for your constitutional rights.

Frequently Asked Questions About Marijuana And THC In Texas

There are different penalty groups for different amounts and types. Types usually refer to the levels of the psychotropic compounds present. These penalty groups are 1, 1-A, 2, 3 and 4.

Can I really be charged with a felony for having THC oils?

Yes and no, it depends on the concentration you have. Tetrahydrocannabinol (THC) oil is what gives marijuana its psychotropic properties. THC is a controlled substance. If you have a cannabidiol (CBD) product with more than 0.3% THC, you can be criminally charged. Most commonly, these charges stem from possessing a wax or an oil with a high concentrate of THC, called a “dab.” This wax or oil is then typically heated and inhaled using a dab pen or rig.

THC oil is typically far more potent than the marijuana plant and classified under a different penalty group. This is why it can be a felony to possess or sell THC oil or dabs. If you have a product with a THC concentration of over 0.3%, you are facing up to 180 days in jail and a fine of up to $2,000.

What is the difference between concentrates, extracts and vapes?

A concentrate, as the name implies, has more THC (or CBD) in it. CBD comes from the marijuana plant but is not psychoactive. A concentrate has typically been processed with oil, water or carbon dioxide. An extract is usually made by heat and pressure. A vape is juice usually made by shatter or cannabis oil. A vape is different than a dab because a vape is usually liquid, and dab is wax and has a higher THC concentrate.

Is there any law about CBD oil or hemp in Texas?

Yes. CBD can come from cannabis, marijuana or hemp and is regulated. If you plan to sell CBD products, you’ll need to register with the health department. In Texas, you can have a product with up to 0.3% THC with no legal issue. Products you sell have to have less than 0.3% of THC. To ship or distribute hemp products, you need to get a hemp certificate from the Texas Department of Agriculture. Not having a certificate is a criminal offense, and a forged certificate is a felony. Online licensing started in March of 2020.

Defense For Drug Offenses Involving Marijuana

In Texas, crimes involving marijuana can range from misdemeanors to felonies, many of which carry mandatory time in jail or prison. If you are a student, you may also lose your opportunity to obtain federal financial aid. Crimes involving marijuana include:

  • Marijuana possession, including the possession of a small amount
  • Possession with the intent to sell
  • Possession of marijuana in a drug-free zone
  • Trafficking and distribution of marijuana
  • Conspiracy
  • Growing and cultivation of marijuana
  • Drug crimes in all federal and state courts in Texas

In most drug cases, one of the most important issues to look at is whether the police had probable cause to stop and search you and whether your rights were protected during the process. We will review your arrest to make sure that law enforcement officers did not infringe upon your rights.

Contact The Shapiro Law Firm

If you have been charged with a criminal offense involving marijuana, including the possession of a small amount of drugs, contact us at The Shapiro Law Firm to speak with a lawyer. Call our office in Plano, Texas, at 972-423-0033 to schedule an appointment.

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