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Conroe, TX and Montgomery County

Are THC Vape Pens Legal in Texas?

A THC vape pen is being held in hand over a marijuana leaf and tincture bottle

Conroe, TX Drug Charges Defense Attorney Clears Up Confusion About THC Vape Pen Possession

We'll be blunt: No, recreational THC vape pens are illegal in Texas.

This catches some people off guard. Even in communities that have decriminalized possession of small amounts of marijuana, like Austin, Killeen, and Elgin, THC vape pens are illegal.

Marijuana decriminalization does not extend to THC vape pens, which contain concentrated THC (one of marijuana's active chemicals) and are more potent than marijuana flowers and buds. Possession of marijuana concentrates like edibles, wax, dabs, beverages, oils, tinctures, etc., is a felony in Texas. Even a tiny amount - less than 1 gram - can lead to a state felony charge.

While other states are legalizing marijuana, Texas maintains its strict cannabis rules and harsh penalties. For example, in Texas, a conviction over the possession of a vape pen could result in incarceration and thousands of dollars in fines.

If you are facing charges over the possession or distribution of a THC vape pen(s) or another drug charge, get help right away. Contact The Webb Firm, P.C., for a free case consultation. Learn more about how the law applies to your situation and what you can do to protect your rights and freedom.

Texas cracks down on THC vape pens.

More and more people are facing felony charges over vape pens - including teens. Some schools are now using vape-detecting technology to identify and arrest young people accused of vaping marijuana. With the help of drug-sniffing dogs and smoke alarm-like equipment that can detect vapors, schools typically call the police when THC vape pens or e-cigarettes are found. Despite their age, students detained for having vaping devices with THC in them are now being charged with felonies.

The penalties for felony possession of a THC vape pen or a similar concentrate are based on the amount a person is accused of possessing.

In Texas, possession of a THC vape pen can be penalized by:

  • 1 gram or less - state jail felony (6 months - 2 years incarceration and up to $10,000 fine).
  • 1-3.99 grams - third-degree felony (2-10 years, $10,000 fine).
  • 4-399.99 grams - second-degree felony (2-20 years, $10,000 fine).
  • 400 grams or more - Lifetime felony (5-99 years or life, $50,000 fine).

Possession with intent to manufacture or deliver THC vape pens can be penalized by:

  • 1 gram or less - State jail felony (6 months - 2 years incarceration and up to $10,000 fine).
  • 1-3.99 grams - Second-degree felony (2-20 years, $10,000 fine).
  • 4-399.99 grams - First-degree felony (5-99 years, $10,000).
  • 400 grams or more - Lifetime felony (10-99 years or life, $100,000 fine).

There are a few exemptions from Texas marijuana laws. However, it is legal to possess vape pens if you are a registered medical marijuana patient who purchased the vape at a certified Texas dispensary.

Vape pens purchased outside the state are illegal in Texas, even for medical marijuana patients.

In general, Texas vape pens must meet "low-THC" requirements and contain less than 1% THC. For comparison, a typical marijuana bud contains 20% THC. Other states cap vape pen potency at 40%-80% THC.

A strong defense against Texas THC vape pen charges

If you have been charged for allegedly possessing a THC vape pen, you need to know that it is not the end. Cases built by law enforcement and prosecutors are not always as strong as they may first seem.

Amanda Webb is an experienced drug defense attorney who knows the specific requirements necessary for drug possession charges to stick - and can quickly identify when those standards have not been met.

Our law firm will investigate your case and use every opportunity to get so-called evidence against you thrown out, charges dismissed or reduced, and prove your case.

Amanda Webb is a former Montgomery County assistant district attorney. She knows how the system works and can use her insider knowledge to help you. The Webb Firm, P.C., has a reputation for aggressive, smart criminal defense strategies and relentless dedication to desirable case outcomes.

If you were charged with possession of a THC vape pen or another type of drug charge in Conroe, The Woodlands, Montgomery County, or another nearby community, contact us for a free case consultation.

Don't delay. Get started on your defense today. Contact The Webb Firm, P.C. right now.

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