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J. Michael Price II
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Dallas criminal lawyer J. Michael Price II and his criminal defense support team have successfully defended a vast assortment of criminal matters, including drunk driving, possession of drugs and other controlled substances, narcotics sales, theft, white collar fraud, conspiracy, computer crimes and sex offenses. READ MORE
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In: Criminal Defense

Are Hash Oils, Marijuana Oils, and Marijuana Edibles Illegal in Texas?

In a word, yes. There are many ways to consume marijuana. Although smoking it is the most common way to use the drug, it can also be rendered into oils that can be vaporized or infused in butter to be used in the preparation of baked goods. Possessing these oils or edible products made with cannabis-infused butter is illegal, but it is not charged the same way as the possession of dried, smokable marijuana. Rather, possession of these products, known often as concentrates, is its own drug charge.

Charges and Penalties for Oil and Edibles Possession and Sale

Under Texas law, concentrates and hashish, a product made from cannabis resin, are not considered to be marijuana. Charges for the possession of these products are more severe than charges for marijuana. For example:

  • The lowest level hash and concentrates possession charge is a state jail felony, versus a Class B misdemeanor charge as the least severe marijuana possession charge. An individual in possession of one gram or less of hash or concentrates can face six months to two years in jail and a fine of up to $10,000 while an individual convicted of possessing two grams or less of marijuana faces up to 180 days in jail and a fine of up to $2,000; and
  • Selling hashish and concentrates is at the very least, a state jail felony while selling marijuana is a misdemeanor at the lowest.

Like other drug offenses, possession and sale of hashish and concentrates is charged according to the amount of the drug the defendant had and allegedly sold or possessed. More marijuana, edibles, or oils means a higher charge and more severe potential penalties.

Additionally, an act of selling concentrates or edibles may be charged more severely if the buyer was under 18 and the seller was an adult at the time of the alleged transaction.

Defenses to a Hash, Oil, or Edibles Possession Charge

You can defend your case against a hash, oil, or edibles possession charge just like you can defend yourself against any other type of drug charge. Strategies to fight this type of charge include:

  • Proving that evidence was obtained through an illegal search and seizure;
  • Proving that you did not know the item you possessed contained cannabis. For example, you might have reasonably thought you purchased a regular brownie when you in fact purchased one made with cannabis butter;
  • A lack of evidence to prove that you were involved in the incident; and
  • You possessed the drug under duress, which means you did not willfully possess it.

Work with an Experienced Collin County Drug Defense Lawyer

A drug conviction can have a permanent negative impact on your life. Your future liberty and ability to secure jobs, housing, and live without a social stigma can be preserved by fighting your marijuana-related charge with the help of an aggressive, experienced drug charge defense lawyer. Contact J. Michael Price II today to set up your initial consultation in our office, during which we can determine the most effective way to fight your charge.