THC Oil Possession vs. Marijuana Possession in Texas

handcuffs and marijuana leaf

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While possession of a small amount of marijuana in the State of Texas is illegal, it is a misdemeanor as long as the amount remains below four ounces. If, on the other hand, you possess any amount of THC oil, it is a felony right off the bat – a more serious charge with more serious consequences. While every state has its own cannabis laws and the legal climate has relaxed considerably across the nation, Texas has not altered its stance on marijuana, and it remains illegal except in the most exacting medical instances in the Lone Star State.


THC oil a concentrated version of the psychoactive part of the marijuana plant (THC), which is isolated and extracted to produce the oil. This greatly increases the oil’s potency. While high-grade marijuana may contain 20 percent THC, THC oil can range from 60 percent all the way up to 90 percent.

Distinctions Made

The critical distinction between marijuana and cannabis concentrates like THC oil is the stark difference in criminal charges and potential penalties. While possessing up to four ounces of marijuana remains a misdemeanor in Texas, possessing any amount of THC is a felony – there is no misdemeanor level of possession of THC oil.

Texas Drug Classifications

In the State of Texas, controlled substances (or drugs) are classified into four separate categories that begin with those that are punished most harshly (based on several factors) and that decrease from there. Said groups are organized based on a drugs’ medical value (if any) and potential for abuse. Those drugs with the highest potential for abuse and with no acknowledged medical treatment capacity (penalty group 1) carry the harshest penalties, and they include:

  • Heroin

  • Cocaine

  • Methamphetamine

THC oil, edibles, and other substances that contain THC (that are not marijuana) are classified in penalty group 2 in spite of the fact that THC is widely used for a variety of medical treatments. Despite changing attitudes and laws in other states, Texas continues to rank THC oil in the second most dangerous category of controlled substances. Penalties for possession of THC are based on quantity, and quantity is measured in grams. If you are charged with possession of any amount of THC oil that is under one gram, it is a state jail felony, which carries a potential penalty of from six months to two years in a state jail felony facility – charges and penalties go up from there.

If You Are Facing Drug Charges, Consult with an Experienced Killeen Criminal Defense Attorney Today

Drug charges are always serious charges, and Texas can be especially harsh when it comes to THC oil and other THC products. If you are facing drug charges, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable criminal defense attorney who is committed to protecting your rights and to aggressively advocating for your case’s best possible outcome. Mr. Pritchard is on your side, so please do not hesitate to contact us¬†or call us at (254) 220-4225 for more information today.


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