THC Concentrate is essentially a marijuana extract. Trahydrocannabinol (THC), is the psychotropic chemical in the marijuana plant. TCH is extracted into potent levels, called Concentrate. It is much stronger than smoking marijuana, meaning less is needed to achieve the same feeling.
Since Cannabis Concentrates are so strong, compared to marijuana, Texas law automatically classifies TCH Concentrates as a Felony, under Penalty Group Two.Texas Statue 481.116 deals with Marijuana Concentrate, which is in Penalty Group 2: possessing under one gram would be a Third Degree Felony. One to four grams is a Second Degree Felony.
While the overwhelming majority of marijuana and TCH users (legally and illegally) treat THC concentrates about the same as regular marijuana, Texas law has not caught up. In Colorado and other "legalized" states, a person can buy a legal piece of candy or baked good containing THC oil or Cannabis Concentrates. But that same item in Texas is a Felony! Luckily Keates Law Firm has had recent success in getting THC oils and Marijuana Concentrate cases treated more like the old fashioned Possession of Marijuana cases.
Because Cannabis Concentrates are so potent, THC can be used in a large variety of goods. Most common THC Concentrates in Travis County would be:
Because it's a drug related conviction, a THC case could have an effect on Student Loans and the FAFSA applications. Lastly, in some cases DPS has been suspending a person's Texas Driver's License because the THC Concentrate is drug related, causing a six month driver's license suspension.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
Since Possession of THC Concentrate typically involves an arrested person going to jail. But luckily, an Attorney can often speed up the jail release and get a personal bond approved quickly.
Whether the personal bond is granted depends on the Judge, the person's criminal history, and other factors.
>Keep in mind that even if the Magistrate denies a personal bond shortly after arrest, and Attorney can revisit the issue and argue for a release from jail. Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Sometimes an officer will file arrest warrant , which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.
Defenses for THC Concentrate are fairly straightforward, and often center on whether the person knew the item was present -- meaning Knowledge. Many defenses deal with officers interaction prior to finding THC, such as the legality of the search.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Possession of THC Concentrate cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Your goal should be Dismissal for any Possession of THC Concentrate charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
(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.
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Applicable|
|Class B Misdemeanor||Not Applicable|
|Class A Misdemeanor||Not Applicable|
|State jail felony||Not Applicable|
|3rd Degree Felony||2-10 Years in Prison, and/or no more than $10,000 fines|
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