Possession of THC Concentrate

The Law

A person commits an offense of possession of THC concentrate if a person knowingly or intelligently possesses a usable quantity of THC concentrate. This Penalty Group consists of: any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers.

Punishment

Penalties vary according to the amount possessed:

• Less than 1 gram is a state jail felony (180 days to 2 years in state jail).
• Between 1 and 4 grams is a third-degree felony (2 to 10 years in prison).
• Between 4 and 400 grams is a second-degree felony (2 to 20 years in prison).
• 400 grams or more carries a life sentence or 5 to 99 years in prison, plus a fine of up to $50,000.

Additionally, upon final conviction of drug offenses, a person’s driver’s license is automatically suspended for 180 days by the Texas Department of Public Safety. TxDPS also requires a drug education program that must be completed within the 180 day suspension. A person must also pay a reinstatement fee of $100, along with any other outstanding fees owed. Lastly, a person must also maintain a Financial Responsibility Insurance Certificate (SR 22) for two years from the date of conviction.

Defense

The offense of possession of THC concentrate can be broken into primary elements that a prosecutor will have to prove beyond a reasonable doubt:

• Possession
  • An individual must be in possession of THC concentrate. Possession involves the exercise of control, management, or care over the controlled substances. Possession can also be constructive, when an individual has the ability to control the object (e.g., in passenger seat while the individual is operating the motor vehicle). Presence, accessibility, and proximity are among several issues that may be sufficient to establish possession. If an individual is not in exclusive possession, the State is required to present evidence affirmatively linking the individual to the THC concentrate by the facts and circumstances of the specific case.

• Knowingly or intelligently possessing
  • An individual must have knowledge that they are possessing THC. If an individual is unaware of their possession, they are not committing a crime. A few examples of situations where an individual might have knowledge they are possessing an item, but they do not have knowledge they are possessing THC are:
    • Borrowing a friend’s car in which the friend has a stash of weed in the trunk and the individual never opened the trunk. An individual has knowledge of their possession of the car, but not the THC inside.
    • Holding a purse for a friend in which the purse has THC in it. An individual has knowledge of their possession of the purse, but not the THC inside. 

The exact language of this law, further details, and additional punishment concerns can be found in 481.103 of the Texas Health & Safety Code. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.