Texas allows the use of e-cigarettes and vape pens. However, the situation changes when a smoking or vaping device includes THC. Unlike many other states, Texas hasn't legalized recreational marijuana. Possession of THC vape pens and other cannabis products often leads to drug charges, and a conviction carries harsh legal consequences.
What are the penalties for possession of THC vape pens and other products?
Under Texas Health and Safety Code section 481.103, THC is classified as a "Penalty Group 2" illegal substance. The legal consequences for possessing THC vape pens are outlined in Texas Health and Safety Code section 481.116. They vary depending on the amount possessed and the district you're in. As we previously discussed, these penalties include:
- Less than one gram results in a state jail felony. This carries a penalty of six months to two years in state jail and a fine of up to $10,000.
- One to four grams is a third-degree felony. This is punishable by two to 10 years in prison and a fine of up to $10,000.
- Four to 400 grams is a second-degree felony. Penalties include two to 20 years in prison and a fine of up to $10,000.
- Possessing 400 grams or more is a first-degree felony. This is punishable by five to 99 years in prison and a fine of up to $50,000.
Which Texas districts have decriminalized THC?
Some Texas districts have approved policies to decriminalize low-level THC possession and end arrests and citations. Districts that have decriminalized THC possession of two ounces or less include Austin, Cedar Park, Denton, Elgin, Harker Heights, Hays County, Killeen, Plano County, San Marcos, Travis County, and Williamson County.
Other Texas districts have decriminalized THC possession of up to four ounces. These districts include Bexar County, Dallas, El Paso, Harris County, and Nueces County.
In many of these districts, the penalty is summons and release. Travis County imposes a $45 fine and requires a 40-hour marijuana class.
Are THC vape pens allowed for medical use in Texas?
Texas allows medical marijuana for various ailments under the state's Compassionate Use Program. Legal possession of THC is possible for individuals with a medical marijuana prescription, provided they purchase the device from a certified Texas dispensary.
The program allows certain physicians to prescribe low-THC cannabis products for medical purposes. The THC content in these products is capped at 0.5% by weight. However, this exemption does not apply to THC products purchased outside of Texas, regardless of your medical marijuana status.
Smoking cannabis is not approved for medical purposes in Texas. The available medical marijuana products include tinctures, lozenges, and oils. Additionally, Texas does not issue physical medical marijuana cards; instead, patient prescriptions are recorded in the Compassionate Use Registry of Texas.
To qualify for a medical cannabis prescription in Texas, a patient must be a permanent resident of the state and have one of the specified medical conditions:
- Post-traumatic stress disorder (PTSD)
- Epilepsy
- Seizure disorders
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis
- Autism
- Terminal cancer
- Certain incurable neurodegenerative diseases
What are possible defenses for possession of THC in Texas?
Defending against possession of THC can be challenging in Texas. However, an experienced criminal defense attorney can use several strategies to build a viable defense. This includes:
- Looking for violations of your constitutional rights, such as illegal search and seizure.
- Demonstrating that you didn't knowingly or intentionally possess THC.
- Showing that you're in compliance with medical marijuana laws in Texas (if applicable).
- Looking for proof that the THC product didn't actually belong to use.
Let a skilled Texas criminal defense attorney protect your rights and freedom
If you're facing drug charges in Texas, your freedom could be at stake. While it may seem like the odds are stacked against you, you're not out of options. That's why you need a strong legal advocate on your side who can devise a strong defense. The Webb Firm, P.C. will work tirelessly to have your drug charges dropped or reduced.
Take your case seriously from the start. Contact us online for a free consultation or call our law offices in Conroe or Galveston. We'll listen to your side of the story, answer any questions you have, and take a personalized approach to your defense.
