San Antonio Marijuana Concentrate Crimes Attorney
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.
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) 899-7566 today for a free consultation to discuss your case.
Texas Penalties for Resin Marijuana in Its Concentrated Form
The penalties for possession of substances are classified in Penalty Group 2 under the 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.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
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.
