Possession of Marijuana Concentrates

Although the possession of marijuana under two (2) ounces is a class B misdemeanor, even a tiny amount of concentrate, extracts, wax, resin, oils or hashish (even if it has the same or less THC) is charged as a felony in the State of Texas. 

Marijuana concentrates are sometimes called “shatter,” “honey wax” or “honey oil.” Hashish and other types of marijuana concentrates typically include the resin or oils extracted from a part of the Cannabis sativa L. plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin or oils.

In the past few years, using cannabis oils in a vaporizer and vape pen has become increasingly popular. Many of these users face a felony charge even through common sense says the crime shouldn't be any more serious than the misdemeanor possession of the green leafy substance. Edible marijuana products or marijuana-infused products are also classified as a concentrate. 

The penalties for marijuana are separate from other controlled substances in Texas. Marijuana does not fit under a penalty group of controlled substances. But in Texas, the definition of marijuana (spelled “marihuana”) in Texas Health and Safety Code Sec. 481.002(26)(A) specifically excludes “resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin.”

Therefore, any marijuana concentration, hashish (wax or oils) or edibles and most marijuana-infused products are considered to be tetrahydracannibinol (THC) under Texas law. Tetrahydracannibinol and hashish are classified in Penalty Group 2 along with drugs such as ecstasy, MDMA or molly, PCP, and mescaline.

Attorney for Marijuana Concentrate Crimes in San Antonio, TX

If you were charged with the possession, possession with intent to deliver, or manufacture of any marijuana concentrate, then contact an experienced criminal defense attorney in San Antonio or Bexar County, TX, at Flanary Law Firm, PLLC.

Don Flanary represents clients on a variety of marijuana crimes in both state and federal court. Call (210) 738-8383 today for a free consultation to discuss your case.


Texas Penalties for Resin Marijuana in its Concentrated Form

The penalties for possession of substances classified in Penalty Group 2 under Health and Safety Code, SEC. 481.116 include:

  • State Jail Felony: less than one (1) gram is punishable by up to six-months to two years in jail, and a fine up to $10,000;
  • Third-Degree Felony: one (1) gram or more but less than four (4) grams is punishable by up to two years to ten years in jail and a fine up to $10,000;
  • Second-Degree Felony: four (4) grams or more but less than four-hundred (400) grams is punishable by two years to twenty years in jail and a fine up to $10,000; and 
  • First-Degree Felony: 400 grams or more is punishable by 10-years-lifetime imprisonment, and a fine up to $50,000.

The penalties for the manufacture or delivery of hash or concentrates in Texas include: 

  • Manufacture or delivery of less than one gram of hash or concentrates is charged as a felony punishable by 180 days to two years incarceration and a $10,000 fine;
  • Manufacture or delivery of one to four grams of hash or concentrates is charged as a felony punishable by two to twenty years incarceration and a $10,000 fine.
  • Manufacture or delivery of four grams to four hundred of hash or concentrates is charged as a felony punishable by five to ninety-nine years incarceration and a $10,000 fine.
  • Manufacture or delivery of more than four hundred grams of hash or concentrates is charged as a felony punishable by ten years to life in prison and a $10,000 fine.

Other penalties include a driver’s license suspension for a drug offense conviction.

History of Classifying Tetrahydrocannabinols Separately from Marijuana

It is important to remember that under federal law, tetrahydrocannabinol, in its natural form, is already included in the definition of marijuana under Schedule I. The main reason that tetrahydrocannabinols were defined separately was so that other synthetic substitutes under Schedule I could be more easily defined.

The United States Court of Appeals in the Ninth Circuit in 2004 decided a case between the Drug Enforcement Administration and Hemp Industries Association, which explained the reason for this distinction:

“We have previously held that the definition of “THC” in Schedule I refers only to synthetic THC... In the initial case... the Court held that ‘the listing of THC in Schedule I, as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970, applied only to synthetically-created THC.’ They reasoned that ‘if naturally-occurring THC were covered under THC, there would be no need to have a separate category for marijuana, which obviously contains naturally-occurring THC. Yet Congress maintained marijuana as a separate category... ‘[T]he controlled substances listing of THC is different from the listings for DMT, mescaline, psilocybin, and psilocyn, the definitions for which are not limited to synthetic forms of the drugs.’”


Additional Resources

Texas Law on Marijuana Concentrates - Visit the Texas Cannabis Report to find out more about previously pending legislation in Texas to decriminalize marijuana under 2015 HB 2165 to legalize or decriminalize marijuana, 2016 HB 2165 to redefine the penalties for possession of hashish, oils, extracts or marijuana concentrates, and the legalization of medical marijuana under SB 339, The Texas Compassionate Use Act. Although the legislation did not pass in that legislative session, similar bills are expected to be introduced during the next legislative session. 


Attorney for Felony Marijuana Resin Crimes in San Antonio, TX

If you were charged with any felony crime for the illegal manufacture, possession, trafficking or distribution of marijuana resin in its concentrated form, then contact an experienced criminal defense attorney in San Antonio, TX, in Bexar County. Like many other states, the State of Texas penalizes the manufacture, possession, transportation and distribution of hashish oil and concentrates differently than marijuana in its raw form.

In many of these case, the prosecutor wants a disproportionate penalty or fine for crimes involving a marijuana concentrate when charged as tetrahydrocannabinol (THC) instead of the green leafy substance. Even the possession of edible marijuana products or marijuana-infused products will be charged as a felony instead of a misdemeanor.


This article was last updated on Friday, January 13, 2017.