Is it a felony to possess a THC oil vape pen? Short answer: YES.
Vape pens are extremely popular among smokers and users are increasingly using vape pens to smoke THC oil. On the streets, THC oil is also referred to as dabs, butane hash oil (BHO), honey oil, budder, shatter, hash, hash oil, or wax.
In Texas, it is a felony to possess a vape pen with THC oil because it contains a higher concentrate of THC and is therefore treated as a more serious crime. Specifically, THC oil, or Tetrahydrocannabinols, is classified as a controlled substance in Penalty Group 2 of the Texas Health and Safety Code and carries a minimum sentence of 180 days in the state penitentiary. The punishment range for possessing a vape pen with THC oil depends on exactly how much liquid you are caught with.
For example, the range of punishment for possession of THC oil is as follows:
Possession of less than 1 gram of THC oil is a state jail felony and the punishment range is a minimum of 180 days to up to 2 years in state jail prison and/or up to a $10,000 fine.
Possession of more than 1 gram but less than 4 grams of THC oil is a third degree felony and the punishment range is a minimum of 2 years and maximum of 10 years in the state penitentiary and/or up to a $10,000 fine.
Possession of more than 4 grams but less than 400 grams of THC oil is a second degree felony and the punishment range is a minimum of 2 years and maximum of 20 years in the state penitentiary and/or up to a $10,000 fine.
Possession of more than 400 grams of THC oil is a first degree felony and the punishment range is a minimum of 5 years to a maximum 99 years in the state penitentiary and/or up to a $50,000 fine.
To see a complete table of punishment ranges for drug offenses in Texas click here.
How to Defend Against a Felony Possession Marijuana charge
Most of the time you can’t avoid the arrest but you can avoid a conviction. First, know your rights. Every person in the United States has a Fourth and Fifth Amendment right against unreasonable search and seizures. This means you can challenge the constitutionality of the reason for the police stopping you, or the way the police conducted the search.
Second, you have a right to remain silent and not incriminate yourself when questioned by law enforcement. The Fifth Amendment allows every person to remain silent or refuse to answer questions from law enforcement. Whenever you are stopped by a police officer, and are caught in incriminating circumstances, it is easy to say incriminating things when asked. Be polite to the officer but firm in asserting your Fifth Amendment right. You will probably end up being arrested but the point is not to give law enforcement any more damming evidence against you. This could help your case in the long run.
A good criminal defense attorney will be able to advise you of these rights and know how to challenge a constitutional violation. If you have been arrested or know someone who has been arrested contact the Sosa Law Office at 956–621–1277 or email at firstname.lastname@example.org for inquiries or a consultation.