Possession of THC Oil
Texas Drug Charges | Possession of THC Oil
When you have been arrested for a drug charge then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for you.
Delivery of Marijuana
Is it marijuana or is it hemp?
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 §121.001 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 marijuana, 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 marijuana and not hemp, so use your right to remain silent.
Can I be convicted of delivery of marijuana?
At a trial for possession of marijuana, 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 marijuana and not hemp, so use your right to remain silent.
How much time can I get for delivery of marijuana?
A conviction for Delivery of Marijuana is punishable from 1 day in the county jail up to 99 years in prison, of life in prison with the possibility of parole, and/or $1.00 up to $100,000.00 in fines. This wide range of punishment is based on the weight of marijuana transported and delivered to another person.
Being arrested for delivering less than .25 ounces of marijuana, even when you receive no money for the marijuana, means you can be convicted of a class B misdemeanor.
Other significant consequences to a conviction for Delivery of Marijuana are:
– the suspension of your Driver’s License, and
– becoming ineligible to receive Student Loans and Grants.
Texas Health and Safety Code. Texas Controlled Substances Act. Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana; (2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana; (3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce; (4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds; (5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and (6) 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 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.
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