I represent clients charged with all Texas drug charges, including:
Tetrahydrocannabinols (THC), Cannabinol (CBN) and Cannabidiol (CBD)
In Texas it is illegal to possess THC oil and wax and CBN oil and wax, but it is not illegal to possess CBD oil or wax so long as the THC content is .3% or less. Marijuana or Cannabis contains at least 110 types of cannabinoids, of which THC, CBN and CBD are the most abundant and most studied. The main difference is that THC has a psychoactive effect whereas CBN has only a mild psychoactive effect and CBD have no psychoactive effect. It is CBN and CBD in wax and oil form that is used to treat neuropathic or chronic pain, Chron’s Disease, Multiple Sclerosis, Epilepsy and Darvet’s Syndrome, Post Traumatic Stress Disorder, Anxiety, and Insomnia.
On June 11, 2019, the governor signed a new farm bill that legalized the growing of hemp. The new law went into effect immediately and tracked the recent change in federal law regarding the production of hemp. Agriculture Code §121.00 defines hemp as a strain of the Cannabis Sativa plant, the marijuana plant, with a THC content of .3% or less. Crime Labs in the state of Texas are not equipped to test for the percentage of THC contained in a sample, these labs can only test for the presence of THC. At a trial for possession of THC or CBN, in order to prove their case, it would be required that the State produce evidence of a THC level greater than .3%. However, it is possible that the State could use your own statements or actions to prove that the substance is THC or CBN and not CBD, so use your right to remain silent.
THC Wax and THC Oil
Tetrahydrocannabinols (THC) other than marijuana, meaning in the form of wax or oil is a controlled substance in Texas found in Penalty Group 2 and prohibited under §481.103(a)(1). A conviction for possession of THC wax or THC oil is punishable a wide range of punishment. The amount of the fine and the amount of jail or prison time depends on the amount of the THC wax or THC oil that was found in your possession. Less than one gram of THC wax or THC oil can result in 2 years in state jail and up to a $10,000 fine. If you are found in possession of at least 4 grams but less than 400 grams of THC wax or THC oil, then you can be sent to prison for 2 to 20 years and fined up to $10,000.00.
CBN Wax and CBN Oil
Cannabinol (CBN) other than marijuana, meaning in the form of wax or oil is a controlled substance in Texas found in Penalty Group 2-A and prohibited under§481.1031(b)(3). A conviction for possession of CBN wax or CBN oil is punishable from 1 day in the county jail up to 99 years in prison, or life in prison with the possibility of parole, and/or $1.00 up to $50,000.00 in fines. In Texas, CBN is treated the same as marijuana for purposes of punishment.
|Felony or Misdemeanor||Weight||Fine||Time|
|Class B||<2 oz.||$2,000.00||1 Day-180 Days|
|Class A||2 oz. – 4 oz.||$4,000.00||1 Day - 1 Year|
|State Jail||4 oz. – 5 lbs.||$10,000.00||6 Months – 2 Years|
|3rd Degree||5 lbs. – 50 lbs.||$10,000.00||2 Years – 10 Years|
|2nd Degree||50 lbs. – 2000 lbs.||$10,000.00||2 Years – 20 Years|
|1st Degree+||> 2000 lbs.||$50,000.00||5 Years – 99 Years|
CBN is not specifically listed as a scheduled controlled substance by the U.S. government. Also, CBN may not meet the legal standard of an analogue of THC in order to sustain a federal prosecution under 21 U.S. Code § 802(32). However, several years ago the DEA add “marijuana extracts” as a Schedule 1 controlled substance. So, the bottom line is that it is unknown if CBN is illegal under federal law.