[Get Your Free Confidential Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) # San Antonio THC Vape Defense Attorney Your Vape Pen Won't Just Be a Ticket for Some Weed. In Texas, It's a Felony. Most people in San Antonio have no idea that a single THC vape cartridge can put them in handcuffs on a felony charge. Austin Hagee spent years as a Bexar County prosecutor filing these exact charges. Now he uses that insider’s knowledge to dismantle these charges. ## A Former Prosecutor Who Knows How the Other Side Thinks If you were arrested with a vape pen after a traffic stop, a DWI investigation, or a search near a San Antonio campus, you are probably being charged with far more than you expected. A charge that feels like "a weed thing" is often a state jail felony, and Bexar County prosecutes it that way. The good news: these cases have real weaknesses we can exploit, and we know where to look. - Former Prosecutor Former Bexar County Felony Prosecutor - 350+ Cases Dismissed - Free Consultations New Client Inquiries Answered 24/7 ## Why a THC Vape Is a Felony in Texas Under Texas law, the problem is not the amount. It is the form. Marijuana flower and THC oil are treated as two completely different things. Marijuana plant material sits in its own category under Health and Safety Code section 481.121, where less than two ounces is a Class B misdemeanor. THC oil, wax, shatter, dabs, edibles, and the concentrate inside every vape cartridge fall under Penalty Group 2, section 481.103, the same group as drugs like MDMA and PCP. Possession of any amount is a felony. That is why someone who thinks they are facing a minor marijuana ticket is often booked on POSS CS PG2, a felony offense. ## Marijuana Flower vs. THC Concentrate: The Penalty Gap | Substance | Amount | Charge Level | Prison Exposure | | --- | --- | --- | --- | | Marijuana Flower | Under 2 oz | Class B misdemeanor | Up to 180 days, fine up to $2,000 | | THC Concentrate (Vape Oil, Wax, Edibles) | Under 1 g | State jail felony | 180 days to 2 years, fine up to $10,000 | | THC Concentrate | 1 to 4 g | Third-degree felony | 2 to 10 years, fine up to $10,000 | | THC Concentrate | 4 to 400 g | Second-degree felony | 2 to 20 years, fine up to $10,000 | | THC Concentrate | 400 g or more | First-degree felony | 5 to 99 years or life, fine up to $50,000 | ## How We Defend THC Vape Charges - **Illegal search and seizure.** If the stop, the search, or the arrest crossed a Fourth Amendment line, the evidence can be suppressed, and a suppressed case often falls apart. We examine every step of the encounter. - **Hemp versus THC, and the lab problem.** Since the 2018 Farm Bill and Texas HB 1325, hemp with less than 0.3 percent delta-9 THC is legal. Roadside field tests cannot tell legal hemp or delta-8 from an illegal concentrate. The State's lab has to run quantitative testing to prove what the substance actually is, and many labs are not equipped to do it cleanly. We hold that testing to a real standard. - **The weight calculation.** We push to exclude carrier oil, packaging, and non-THC material from the total the State is using to raise your charge level. - **Unknowing possession.** The State must prove you knew the substance was there and had control over it. A borrowed car, a shared space, or a cartridge that belonged to someone else can create real doubt. - **Diversion and deferred adjudication.** For first-time offenders, we work toward pretrial diversion or deferred adjudication. Successful completion can lead to the charge being dismissed, and in many cases the record can later be sealed through a separate order of nondisclosure. ## Not Sure Which of These Defenses Fits Your Case? A former Bexar County prosecutor can walk you through it on a free, confidential call. [Request a Free Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## The Weight Trap That Catches People Off Guard Texas weighs the entire substance, including the carrier oil and any other material mixed in, not the pure THC. That single rule turns small cases into serious ones. A standard cartridge holds roughly half a gram to a full gram, so one cartridge is already a state jail felony. Two cartridges can push the total past one gram and into third-degree territory. A jar of edibles is charged by the full weight of the food, even when it holds only milligrams of actual THC. A 100-gram bag of gummies can be charged at 100 grams. Challenging how the State weighed and measured the substance is one of the most important parts of a strong defense. ## How These Charges Happen in San Antonio Most of these arrests start small. A driver is stopped for a minor traffic issue, an officer sees a vape pen or claims to smell marijuana, and the search that follows produces a cartridge. Others begin during DWI investigations, in vehicle searches near UTSA and the Broadway area, or at the airport when TSA hands a traveler's luggage to local police. What felt like a routine stop becomes a felony booking in Bexar County. ## Where a Bexar County THC Vape Case Is Heard A THC concentrate charge is not a fine-only offense, so it does not stay in a municipal court. After the arrest, the case runs through the Central Magistrate Office, where bond and the first setting are decided, and then to the Bexar County courts downtown. A state jail felony is filed in the criminal district courts at the Cadena-Reeves Justice Center on Dolorosa Street. Some Texas counties have eased up on low-level marijuana. Bexar County has not eased up on THC concentrates. The District Attorney's Office still files felony charges for vape cartridges, wax, and edibles, even for a first offense and even when the amount is small. Austin charged these cases for that same office, so he knows how they are built and where they tend to give. ## Not Sure Which of These Defenses Fits Your Case? A former Bexar County prosecutor can walk you through it on a free, confidential call. [Request a Free Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries > Every client deserves to have their story told and their rights protected. Austin Hagee ## Real Results: 350+ Cases Dismissed for Our Clients After more than 350 dismissals, we have learned that the right pressure early changes outcomes. A few examples: - Dismissed Charge ### Aggravated Assault with a Deadly Weapon October of 2026 - License Not Suspended Charge ### DPS ALR Hearing – Driver’s License October of 2026 - License Not Suspended Charge ### DPS ALR Hearing – Driver’s License October of 2026 - Dismissed Charge ### Invasive Visual Recording September of 2026 - Dismissed Charge ### Failure to Appear - Bond Jumping September of 2026 - Withdrawn Charge ### Motion to Adjudicate - Felony September of 2026 - Dismissed Charge ### Harassment of Public Servant September of 2026 - Dismissed Charge ### Assault Bodily Injury September of 2026 [See If Your THC Charge Can Be Dismissed](https://austinhageelaw.com/contact/) Past results do not guarantee future outcomes. Every case is different. [See more case results](https://austinhageelaw.com/recent-results/) ## Top-Tier Defense Shouldn't Be Out of Reach A felony on your record can affect your job, your housing, and your student aid for years. A defense that protects that future should not be out of reach. Austin Hagee Law Firm finances its own clients directly, with flexible payment plans and a low initial payment. You will know your full flat fee in writing before you sign, with no hourly meter and no surprise invoices. [Ask About Our Payment Options](https://austinhageelaw.com/pay-online/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## Why San Antonio Clients Choose Austin Hagee Law Firm - ### Former Prosecutor Insight Austin filed and tried these cases for Bexar County. He knows where the State's evidence and lab work tend to break, because he used to rely on them. - ### We Know These Courts We are in the Bexar County courts every week and know how the local judges and prosecutors handle drug cases, bond, and pretrial motions. - ### You Are Never Just a Case Number We keep our caseload deliberately low. You reach your attorney, get straight answers, and never feel like a file in a high-volume mill. - ### Available 24/7 for New Client Inquiries A felony arrest does not wait for business hours. New inquiries reach us any hour, any day, so help can start right away. ## Meet Austin Hagee, Former Prosecutor and Trial-Tested Defender Before he defended the accused, Austin Hagee prosecuted them as a felony prosecutor for the Bexar County District Attorney’s Office. A graduate of St. Mary’s University School of Law with honors, he has been recognized by Super Lawyers, the National Trial Lawyers, and others. He keeps his caseload small, prepares every case as if it is going to trial, and takes it there when the State refuses a fair resolution. [View Bio](https://austinhageelaw.com/about-us/austin-m-hagee/) ## Trial Attorneys [Meet the Full Team](https://austinhageelaw.com/about-us/) - ### [Hannah Hawkins-Cunningham](https://austinhageelaw.com/about-us/hannah-hawkins-cunningham/) Trial Attorney - Purdue University, Bachelor of Arts - Indiana University School of Law, Doctor of Jurisprudence - Order of the Barristers - ### [Kyra Falcone](https://austinhageelaw.com/about-us/kyra-falcone/) Trial Attorney - The University of Texas at Austin, B.A. with double minor - St. Mary’s University School of Law, J.D. - Dean’s Scholarship Recipient - ### [Jeremy Best](https://austinhageelaw.com/about-us/jeremy-best/) Trial Counsel - Texas State University, B.A. Business Finance - St. Mary’s University School of Law – Juris Doctor Degree - All Texas Courts – 2016 - ### [Niklaus B. Orosco](https://austinhageelaw.com/about-us/niklaus-b-orosco/) Associate Attorney - University of the Incarnate Word, B.A. in Psychology with a Neuroscience concentration, magna cum laude, 2021 - St. Mary’s University School of Law, J.D., 2025 - Former Assistant District Attorney, Bexar County Criminal District Attorney’s Office - ### [Ruby Livas](https://austinhageelaw.com/about-us/ruby-livas/) Paralegal - University of Texas at San Antonio, Bachelor of Arts in History - Texas A&M University Corpus Christi, Certification in Elementary Education - University of Texas at San Antonio, Paralegal School - ### [Ana Sofia Mohamed](https://austinhageelaw.com/about-us/ana-sofia-mohamed/) Legal Assistant - New York University, Bachelor of Arts in Political Science - Bilingual in English and Spanish ## What Happens Next 1. 1 ### Free Confidential Call Tell us what happened. We will explain what you are actually facing, not the worst-case version in your head. 2. 2 ### Review of Your Evidence We examine the stop, the search, the lab work, and the State's weight calculation for every weakness. 3. 3 ### Build Your Defense Strategy We map a clear plan: dismissal, reduction, diversion, or trial. 4. 4 ### Bi-Weekly Updates Your case never goes quiet. Every two weeks, we reach out with where things stand and what comes next, so you are never left wondering. [Start With a Free Consultation](https://austinhageelaw.com/contact/) ## Areas We Serve Austin Hagee Law Firm is based in San Antonio and defends THC vape and drug charges across Bexar County and the fast-growing counties around it. Wherever your case was filed, we can appear. ### Greater San Antonio (Bexar County): our home base, including San Antonio and Alamo Heights. ### Surrounding Counties and Cities We Serve: Comal County (New Braunfels), Guadalupe County (Seguin), Kendall County (Boerne), Hays County (San Marcos), Atascosa County (Pleasanton), and Travis County (Austin). For the full list of cities and counties, see our Areas We Serve page. THC vape charges often overlap with our broader drug crime defense and DWI defense, so start with whichever fits your case. ### Our Office 120 Austin Hwy #103 San Antonio, TX 78209 [See All Areas We Serve](https://austinhageelaw.com/service-area/) Boerne New Braunfels San Marcos Seguin Atascosa County Our Office ## Charged with a THC Vape Felony? Talk to a Former Prosecutor Today. Call [(210) 500-3700](tel:+12105003700) or request your free, confidential consultation online. We answer new inquiries 24/7. ## Frequently Asked Questions - Is a THC vape pen really a felony in Texas? **Yes.** THC oil and concentrates are Penalty Group 2 controlled substances, and possession of any amount is a felony, even a single cartridge under one gram. - What is the penalty for less than a gram of THC oil? Under one gram is a state jail felony, punishable by 180 days to 2 years in a state jail and a fine up to $10,000. - Why is a vape pen treated worse than marijuana flower? Texas classifies plant marijuana and THC concentrate under two different laws. Flower under two ounces is a misdemeanor; concentrate of any amount is a felony. - Can I be arrested for a delta-8 or CBD vape? **Yes.** Field tests cannot reliably separate legal hemp and delta-8 from illegal THC, so people are arrested and left to prove legality in court. That lab question is often a strong defense. - Does the whole cartridge get weighed? Often, yes. Texas measures the total weight, including carrier oil and other material, which can inflate the charge. Challenging that measurement can lower or defeat it. - Can a THC vape charge be dismissed in San Antonio? It can, depending on the facts. Illegal searches, faulty lab testing, weight problems, and diversion for first-time offenders can all lead to a dismissal. - How fast should I call a lawyer? As soon as possible. Early work on the evidence and the bond gives you the most options. - Do you offer a free consultation? **Yes.** Your first consultation is free and confidential. --- Austin Hagee Law Firm — [https://austinhageelaw.com/service-area/thc-vape-pen-attorney-san-antonio-tx/](https://austinhageelaw.com/service-area/thc-vape-pen-attorney-san-antonio-tx/)