Possession of THC Wax, BHO, Hash Oil, and other THC Concentrates

Possession of THC Wax, BHO, Hash Oil, and other THC Concentrates

Is it illegal to dab in Texas?

Dabbing involves the flash vaporization of cannabis concentrate. This is usually achieved by applying the concentrate to a hot surface before it is inhaled. A dabber takes a portion of sticky hash oil or wax, then dabs it on the end of a (usually titanium) needle where it is heated to a very high temperature using a blowtorch and then pressed against a heated bowl from which it is inhaled. The whole apparatus is often called a “dab rig.”

What are Cannabis Concentrates?

Cannabis concentrates are substances that contain THC that has been extracted from marijuana. Cannabis concentrates can take many forms: waxes, BHO, oils, and shatter.

What is hash oil?

Hash oil, as the term is generally used, is the oil extracted from cannabis. Hash oil can be smoked, vaporized, or used in edible product. Hash oils are created by extracting the oil from the marijuana plant using a solvent. These solvents may include carbon dioxide, ethanol, and butane.

What is BHO?

Butane Hash Oil. BHO utilizes butane to extract THC from the marijuana into the butane. The butane is allowed to evaporate and the remaining honey or wax-like substance is known and BHO.

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Why do people dab?

Marijuana tends to have a 10-25% concentration of THC. Concentrates can be up to 80-90% THC.

Can drug dogs smell cannabis concentrates?

This depends entirely on what the dog has been trained to detect. We have unfortunately had experts review police stops and find false alerts where the dog handler causes the dog to alert. Based on case law out of the Supreme Court over the last couple of years, this is an area ripe for attack for individuals who can afford to bring in experts and go through the hearings it will take to raise this attack. Learn more about training dogs to detect concentrates.

Possession of THC Wax, BHO, Hash Oil, and other THC Concentrates

Concentrates are punished much more harshly than possession of marijuana in Texas. While some argue this is an unfair distinction, almost everyone is shocked when they discover how harsh the penalties are.

Penalty Ranges for Dab, Hash, BHO, and other cannabis concentrates in Texas

Possession of Controlled Substance Penalty Group 2 (PG2)Offense LevelPunishment Range
Less than one gramState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 gramsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 400 gramsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or moreEnhanced first-degree felony5 to 99 years in a state prison and/or a fine of not more than $50,000

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Possession of Penalty Group 2 Substances

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

Penalty Group 2 consists of:
…Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;
delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; or
compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese
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