Getting caught with a dab pen in texas 2020

Getting caught with a dab pen in texas 2020 DEFAULT
OffensePenaltyIncarceration  Max. Fine  

Possession

2 oz or lessMisdemeanor180 days$ 2,000
2 - 4 ozMisdemeanor1 year$ 4,000
4 oz to 5 lbsFelony180 days* - 2 years$ 10,000
5 - 50 lbsFelony2* - 10 years$ 10,000
50 - 2000 lbsFelony2* - 20 years$ 10,000
More than 2000 lbsFelony5* - 99 years$ 50,000
* Mandatory minimum sentence

Sale

7 g or less for no remunerationMisdemeanor180 days$ 2,000
7 g or lessMisdemeanor1 year$ 4,000
7 g to 5 lbsFelony180 days* - 2 years$ 10,000
5 - 50 lbsFelony2* - 20 years$ 10,000
50 - 2000 lbsFelony5* - 99 years$ 10,000
More than 2000 lbsFelony10* - 99 years$ 100,000
To a minorFelony2* - 20 years$ 10,000
* Mandatory minimum sentence

Cultivation

See Possession section for penalty details.

Hash & Concentrates

Possession of less than 1 gFelony180 days - 2 years$ 10,000
Possession of 1 - 4 gFelony2 - 10 years$ 10,000
Possession of 4 - 400 gFelony2 - 20 years$ 10,000
Possession of more than 400 gFelony10 years - life$ 50,000
Manufacture or delivery of less than 1 gFelony180 days - 2 years$ 10,000
Manufacture or delivery of 1 - 4 gFelony2 - 20 years$ 10,000
Manufacture or delivery of 4 - 400 gFelony5 - 99 years$ 10,000
Manufacture or delivery of more than 400 gFelony10 years - life$ 10,000

Paraphernalia

Possession of paraphernaliaMisdemeanorN/A$ 500
Sale of paraphernalia (first offense)Misdemeanor1 year$ 4,000
Sale of paraphernalia (subsequent offense)Felony90 days* - 1 year$ 4,000
To a minorFelony180 days* - 2 years$ 10,000
* Mandatory minimum sentence

Miscellaneous

Falsifying a drug testMisdemeanor180 days$ 2,000
A person's driver's license is automatically suspended on final conviction of a drug offense.

Penalty Details

Possession

Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.

Possession of between 4 ounces and 5 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

Possession of between 5 pounds and 50 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.

Possession of between 50 pounds and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

Possession of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.

Sale

The sale or delivery of 7 grams of marijuana or less, as a gift, is a misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

The sale or delivery of 7 grams of marijuana or less, is a misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.

The sale or delivery of between 7 grams and 5 pounds is a felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

The sale or delivery of between 5 pounds and 50 pounds of marijuana is a second degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

The sale or delivery of between 50 pounds and 2,000 pounds of marijuana is a first degree felony, punishable by a mandatory minimum sentence of 5 years imprisonment, a maximum sentence of life imprisonment, and a fine not to exceed $10,000.

The sale or delivery of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 10 years in prison, a maximum sentence of life imprisonment, and a fine not to exceed $100,000.

Selling marijuana to a child is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

Cultivation

Cultivation in Texas will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

Hashish and concentrates are not considered marijuana.

Possession of hashish or concentrates is a crime. If hashish or concentrates is less than one gram, the offense is considered a state jail felony punishable by term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 1 gram but less than 4 grams, the offense is considered a felony of the third degree punishable by a term of imprisonment no less than 2 years and no greater than 10 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is greater than 4 grams but less than 400 grams, the offense is considered a felony in the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater 99 years and a fine no greater than $50,000.

Manufacturing and selling hashish or concentrates also is a crime. If the amount of hashish or concentrates is less than 1 gram, the offense is considered a state jail felony punishable by a term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 1 gram but less than four grams, the offense is considered a felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 4 grams but less than 400 grams, the offense is considered a felony of the first degree punishable by a term of imprisonment no less than 5 years and no greater than 99 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is greater than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater than 99 years and a fine no greater than $100,000.

The sale of hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is a felony, punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000. This is only applicable if the offender is older than 18 years of age.

Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a Class C misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.

If any of the previously listed offenses occurred within 1,000 feet of a school, youth center or playground, or within 300 feet of a public swimming pool or video arcade, the degree of the offense is increased by one level; i.e. if the offense was a felony of the third degree it is now a felony of the second degree and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

If the perpetrator of any of the previously listed offenses was found to have involved a person under the age of 18, the degree of the offense is increased one level; i.e. if the offense was a felony in the third degree it is now a felony of the second degree, and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

Paraphernalia

Possession of paraphernalia is a Class C misdemeanor, punishable by a fine not to exceed $500.

Selling, or possessing with intent to sell or deliver, paraphernalia is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000, unless the offender has previously been convicted of this offense, in which case the offense is a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum sentence of 1 year imprisonment.

Selling paraphernalia to a minor is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

Miscellaneous

Falsifying a drug test, or possessing with intent to use any material for the falsification of a drug test, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

A person’s driver’s license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act or (2) a drug offense.

More Information

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

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“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

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The advent and mainstream use of CBD products, changes in the legislature and Travis Scott have normalized marijuana usage and desensitized Texas high schoolers and young adults to the criminal consequences of some products. Gummies, wax, and vape pens aren’t your parents’ blunts or joints. And partly the reason you were charged with a felony when you were arrested in Montgomery County with your vape pen. But, why is that really?

A vape pen is a compact, on-the go vaporizer that resembles a pen. Otherwise known as a dab pen, wax pen, or vaporizer, it uses cartridges to produce a vapor from an oil that can be inhaled by users. Cartridges can contain nicotine, CBD or THC oils. THC oil contains tetrahydrocannabinol, which is a Penalty Group 2 substance.

Traditionally with a blunt or a joint, the weight of the marijuana alone would determine what class of misdemeanor or felony the accused would be charged with. However, the presence of tetrahydrocannabinol oil automatically makes it a felony offense. Legally, it’s considered a completely different drug than marijuana. In fact the Health and Safety Code defines it as:

“Tetrahydrocannabinols, other than marijuana (emphasis added), 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…”

The punishment range is as follows:

  • Less Than One Gram
    • State Jail Felony
      • 6 Months to 2 Years in the State Jail; and,
      • Fine up to $10,000.
  • One Gram to 4 Grams
    • 3rd-Degree Felony
      • 2 to 10 Years in the Texas Department of Criminal Justice Institutional Division; and,
      • Fine up to $10,000.
  • Four Grams to Four Hundred Grams
    • 2nd-Degree Felony
      • 2 to 20 Years in the Texas Department of Criminal Justice Institutional Division; and,
      • Fine up to $10,000.
  • Four Hundred Grams or More
    • 1st-Degree Felony
      • 10 Years to Lifetime Imprisonment the Texas Department of Criminal Justice Institutional Divisional; and,
      • Fine Up to $50,000.

What about edibles? Gummy bears, brownies, and lollipops in theory sound so much better when you add THC. However, those gummy bears could lead you to the same level of charge as someone charged with possession of a brick of cocaine depending on the concentration and your criminal history. If you find yourself in this situation, make an appointment with my office and we’ll discuss your options.

Sours: https://www.conroecriminallawyerblog.com/how-did-my-vape-pen-land-me-a-felony-charge-and-other-thc-related-questions/
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Electronic cigarettes, also known as e-cigarettes or vape pens, are increasingly popular. Unfortunately, many juveniles use vape pens throughout Texas. And not only are these vape pens dangerous, but they’re also heavily regulated, just like other drug paraphernalia.

Has your child been caught with a vape pen? If so, it’s important that you understand Texas law to better prepare for what comes next.

Vape Pens: Understanding the Law in Texas

In Texas, the purchase, possession and use of e-cigarettes are prohibited by those under 21 years of age, unless a person is at least 18 and has a US or state military ID card. The use of e-cigarette or vapor products is also prohibited at school and before or after-school programs. This means vape pens are not to be used on the premises, playground, buses or during field trips.

If your minor child is caught with a vape pen or e-cigarette used for inhaling tobacco products, the offense is punishable by a fine up to $100. 

Juvenile Drug Charges

If traces of THC from the marijuana flower are inside the vape pen in your child’s possession, or they have another form of THC in their possession, your child could face juvenile drug charges. Unfortunately, this can result in a Class C misdemeanor which could result in fines up to $500, probation or other rehabilitation requirements.

Schools in Texas are also taking vaping seriously, often suspending and expelling students for possessing vape pens and drug paraphernalia on-campus.

What to Do If Your Child Is Arrested for Possession

Texas law allows individuals who have been charged with possession of a vape pen to apply to have the conviction expunged on or after their 21st birthday. Yet, crimes such as possession of THC or other drug paraphernalia are more serious. 

To set your child up for future success, we recommend calling an attorney with experience in juvenile charges who can help. An attorney can help you negotiate with your school district or provide legal defense if required.

Reach Out to the Legal Team at Maddox Law Firm Today

Your child’s arrest and/or charge doesn’t have to hinder their future ability to attend college or get a job. We can help. To learn more about juvenile charges or to speak with an attorney, give us a call at 972-373-3635 or send us a message.

Sours: https://www.matthewmaddox.com/possession-of-a-vape-pen-can-my-child-be-charged/

TX teens face felony charges for using THC vaping products

Criminal Defense Lawyer Conroe TXThe use of electric cigarettes and vaping products has rapidly grown among teenagers over the past few years.

The National Institute on Drug Abuse conducted a 2018 survey involving more than 44,000 students. Roughly 37 percent of 12 graders reported that they used vaping products in 2018 — up from 28 percent in 2017. A recent epidemic of lung illnesses and deaths has made national headlines, prompting nationwide crackdowns on teen vaping.

Teens could face lifelong consequences

In Texas, the measures taken to crack down on teen vaping may be, rather, draconian. According to The Texas Tribune, schools all over the Lone Star State are employing a method that can result in harsh, and potentially lifelong, consequences for teens caught using vaping products. Some measures cited in the article include installing vape-detecting technology with sensors similar to smoke alarms and using drug-sniffing dogs.

When vape pens or e-cigarettes containing THC are detected, police are called in. Students who are arrested for possession of THC-based vaping products are now facing felony charges.

According to Texas Education Agency data, the number of incidents involving student arrests or expulsions has more than doubled within the past year.

One student from Austin was arrested after being reported to the school principal. The principal contacted law enforcement, who then performed an on-site drug test.

The student purchased the vaping pen off a classmate. He initially believed that the pen contained CBD, which he thought would help him relax.

The student was then placed under arrest. Since he was 17 years old, he was deemed an adult by the Texas criminal justice system. He spent two months in a county-run disciplinary school. The student faced felony charges, which if convicted, could have result in years of incarceration. Luckily, since the drug test was "inconclusive," his charges were dropped.

Why THC oil is different than marijuana

Unlike many other states, THC oil (and all other cannabis products) is illegal in Texas. Marijuana possession in Texas usually results in misdemeanor charges — at worst, a first-degree felony charge. Anyone in possession of THC oil (which is far more potent than marijuana) could face felony charges.

That's because THC oil is considered a Penalty Group 2 controlled substance in Texas. Possession of less than one gram can result in a state jail felony, which is punishable by two years in county jail and/or a fine as high as $10,000. The penalties increase for:

1-4 grams: Third-degree felony, which carries up to 10 years in prison and/or a $10,000 fine.

4-400 grams: Second-degree felony, which carries up to 20 years in prison and/or a $10,000 fine.

400 Grams or More: First-degree felony, which can carry life in prison, and/or fines up to $50,000.

A felony charge in Texas can have life-long consequences. Even after serving time, people with prior convictions can face unfavorable odds when searching for employment, attending college, or finding housing.

That's why you need a strong legal advocate on your side who can help you fight the charges. The Webb Firm, P.C. serves clients in Montgomery County, Texas and the surrounding communities. Contact us online today to find out how we can help you.

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The Webb Firm, P.C.Sours: https://www.thewebbfirm.com/posts/thc-vaping-illegal/

Texas dab 2020 in with caught pen a getting

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How To Travel With Your Vape \u0026 Vape Liquid on a Plane - Simple Tips

Begin to untie the ropes holding me, but first he warned me that if I did something wrong, he would pour a couple more liters into me. Since he didnt pull the hose out of me, I knew the threat was real. When my arms and legs were free, he disconnected the hose from the bag and ordered me to get up.

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I swallowed and turned away, since I had already started to take off my shorts. Auntie took me by the shoulders and turned back so that I would face her, and said: Let me help you with cowards. "She knelt down on one knee, her fingers gripping the elastic of my shorts and pulling them up to my ankles. I stood completely naked next to my cousins watching every action.



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