On December 4, 2024, Texas Lt. Gov. Dan Patrick made a significant announcement that could impact thousands of Texans who use or sell cannabis products.
In a statement, Patrick revealed that lawmakers in the state Senate would soon move to introduce Senate Bill 3, which would seek to ban all consumable forms of tetrahydrocannabinol (THC) in Texas. The bill is expected to be one of the top priorities for the upcoming legislative session, signaling a major shift in the state’s stance on THC, particularly in the booming hemp market.
For those who use THC or CBD products, or may find themselves facing criminal charges related to cannabis, this is a critical development.
As the law evolves, you will want to have a legal team that is keeping up with legal developments as they happen. As Texas heads into a new legislative year, it is more important than ever to have an experienced criminal defense attorney who understands both the nuances of the cannabis industry and how to navigate the complex legal landscape surrounding THC possession, sales, and distribution.
What Is the Law Currently?
THC, or tetrahydrocannabinol, is the compound in cannabis responsible for its psychoactive effects. While recreational marijuana use is prohibited in Texas, the 2019 Texas Hemp Farming Act legalized the sale of hemp-derived THC products containing no more than 0.3% Delta-9 THC by dry weight. This law allowed for a booming market of products such as hemp-based gummies, oils, and vape cartridges, often used for recreational or therapeutic purposes.
In addition, Texas permits the medical use of low-THC cannabis through the Compassionate Use Program, which limits eligibility to patients with specific conditions like epilepsy, cancer, and PTSD. However, this program is tightly regulated and offers limited access compared to other states with broader medical marijuana programs.
In 2021, a federal court legalized Delta-8 THC products as long as they contain no more than 0.3 percent THC.
The use of these products, which are often potent and widely available, has sparked concerns about regulatory gaps, insufficient testing, and consumer safety. Lawmakers and public health officials argue that these products pose risks, especially for minors, and require more robust oversight.
What Does This Proposed THC Ban Mean for Texas Residents Facing THC-Related Charges?
Texas lawmakers’ move to ban THC comes amid growing concerns over the state’s rapidly expanding hemp market. In 2019, Texas legalized consumable hemp, allowing retailers to sell products containing trace amounts of THC, the psychoactive component of cannabis.
The law was originally intended to boost the state’s agricultural economy and open up the market for hemp-derived products like CBD, oils, and lotions. As a result, the market has grown for all of these products. This ban could have huge implications for retailers of what were recently legal products.
Additionally, it could soon impact softer enforcement practices on flower marijuana for less than an ounce that many cities have implemented, such as San Antonio, Houston, and Dallas.
These softer practices were largely implemented due to the difficulty of law enforcement to prove the difference between hemp flower and illegal marijuana flower.
Retailers Charged For Possession of High-Potency THC
However, the lack of regulation has created significant legal challenges for consumers and retailers. Lt. Gov. Patrick has expressed concern that some retailers have exploited the law by selling products with much higher concentrations of THC, including those marketed to minors.
Products such as drinks, gummies, and vape pens have been found to contain three to four times the amount of THC typically found in illegal marijuana.
This has led to a surge in felony charges for individuals caught with these high-potency items, as Texas law views them as controlled substances due to their THC concentration.
While charges from a legally purchased product do not often hold up, they often can have huge repercussions on an individual in the short term for possessing something viewed as 100% legal.
For anyone facing charges related to THC products, the stakes are incredibly high. Felony charges can lead to imprisonment, hefty fines, and long-term consequences like difficulty finding employment or housing.
If you have been arrested for possession of THC in vape pens, gummies, or other products, it is critical to understand your rights and seek expert legal representation to fight these charges and protect your future before your case gets mishandled.
Why Is Having THC in Your Vape Pen a Felony in Texas?
One of the lesser-known but serious legal risks in Texas involves possessing THC in vape pens. Unlike traditional cannabis, vape cartridges often contain highly concentrated forms of THC, which under Texas law are classified as a controlled substance.
The concentration of THC above 0.3% Delta-9 THC in these products elevates their legal status to a felony possession of controlled substance charge. Simply possessing a THC vape pen can result in felony charges, potentially leading to life-altering consequences such as prison time, loss of voting rights, and a permanent criminal record.
This means that even casual users who may not realize the legal implications could unknowingly find themselves classified as felons under Texas law. The need for immediate and expert legal representation in such cases is critical.
How Do THC Charges Impact Minors and Juveniles?
The popularity of vape pens among high school students has made minors particularly vulnerable to THC-related charges. If your child is caught with a vape pen containing THC, they could face felony charges that might permanently affect their future.
Beyond the criminal implications, these cases often extend to school disciplinary hearings where students may face suspension, expulsion, or other disciplinary actions such as placement in alternative school.
A conviction for possessing or using THC products can also jeopardize a young person’s ability to get into college, get federal student loans, or maintain scholarships.
At Austin Hagee Law Firm, we have extensive experience representing juveniles in these situations. Our team not only fights aggressively to protect their legal rights but also advocates on their behalf in school discipline hearings to minimize academic consequences.
Our goal is to help your child keep their record clean, so they can focus on achieving their academic and personal goals without the shadow of a criminal conviction or extensive time in alternative school.
Why Should You Hire an Experienced Criminal Defense Attorney for THC Charges?
If Senate Bill 3 passes and all forms of consumable THC are banned in Texas, many Texans could find themselves facing criminal charges related to THC possession or distribution in the months and years to come.
Whether you’re a consumer who uses these products recreationally, a retailer selling them in your store, or a minor caught with THC-based products, the legal consequences could be severe.
Why You Need Austin Hagee Law Firm
- Fighting to Protect Your Future: At Austin Hagee Law Firm, we understand the gravity of facing a felony charge for possessing THC. With years of experience in criminal defense both as prosecutors and defense attorneys, we fight aggressively to get charges reduced, dismissed, or deferred whenever possible. Our deep knowledge of Texas drug laws enables us to craft strategies tailored to your unique situation, aiming for the best possible outcome in every situation.
- Specialized Expertise in THC-Related Offenses: The line between legal and illegal cannabis products can be confusing, especially with products containing delta-8, delta-9, and THCA. Many of these compounds are marketed as “legal hemp products,” but their high THC content can result in criminal charges to unsuspecting customers. Our team has the expertise to navigate these complexities and build a strong defense on your behalf. We have had success getting these charges reduced and dismissed when the difference between hemp and marijuana was not clearly established by the prosecution.
- Juvenile and Adult Representation: Whether you’re an adult or a minor, a THC-related charge can be devastating. We specialize in representing both adults and juveniles, ensuring that individuals facing such charges have a chance to protect their future. Our team works closely with families to minimize the consequences of a conviction, focusing on rehabilitation, mitigation, and fostering second chances by respectfully approaching prosecutors through cooperative bargaining.
- Affordable Legal Solutions: We believe that everyone deserves access to quality legal representation. That’s why we offer flexible payment plans to help clients afford the best defense possible. Being charged with a felony is stressful enough—finances shouldn’t be another hurdle. We’re committed to making top-tier legal representation accessible to all.
What Should You Do to Protect Your Future After Facing THC Charges?
The evolving legal landscape surrounding THC in Texas requires vigilance and expert legal guidance. Whether you’ve been charged with possession of a THC vape pen or are concerned about how the potential ban on THC could impact you, it’s crucial to act quickly.
A felony conviction can alter the course of your life, but with the right defense team, you can fight for your rights and your future.
At Austin Hagee Law Firm, we have a proven track record of defending clients against drug-related charges, including THC offenses.
Don’t wait until it’s too late. Contact us today to schedule a consultation and learn how we can help you navigate these challenging circumstances. Your future is worth fighting for, and we’re here to fight with you every step of the way.
Frequently Asked Questions About THC Charges in Texas
- What are the penalties for possessing THC in Texas? Penalties vary depending on the amount and concentration of THC, but possession of high-concentration products like vape pens can lead to felony charges, most commonly a state jail felony or 3rd degree possession of controlled substance charge.
- Can a minor face felony charges for THC possession? Yes. Minors caught with THC products, such as vape pens or edibles, may face felony charges in the juvenile system. This type of charge can also lead to school disciplinary actions like suspension or expulsion.
- How can a criminal defense attorney help with THC charges? An experienced attorney can analyze your case, challenge evidence, negotiate for reduced charges, file pretrial motions to suppress, and skillfully represent you in court to protect your future. Don’t hesitate, your future deserves a law firm that will fight hard for you.
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