What makes Marijuana an illegal substance is that it contains the active ingredient THC. However, many people who possess THC oil, believe that police officers and prosecutors will treat the possession of THC oil the same way they treat marijuana. Unfortunately, this is simply not the case. As this blog post explains the possession of these two substances is treated very differently. The possession of Marijuana is measured in ounces, but the possession of its active ingredient is measured in grams, a much smaller unit. At The Locke Law Group, we handle a variety of drug possession and drug-related cases. This is not the case, and this blog post will explain why.
Marijuana Possession
In Texas, you can possess up to four (4) ounces of Marijuana and only be charged with a misdemeanor offense. In San Antonio, Texas, police officers are not making arrests for possessing small amounts of Marijuana. Usually, when police officers encounter Marijuana, they understand that prosecutors at the Bexar County District Attorney’s Office will not file charges on small personal use amounts of Marijuana, and they destroy the Marijuana instead of making an arrest.
THC Possession
Texas does not treat THC possession the same way that Marijuana possession is treated. Possession of THC is considered the possession of a controlled substance, and so it is measured in grams, not ounces (there are approximately 31 grams in an ounce). The State often justifies this because THC oil is more potent than possessing Marijuana, even though Marijuana contains THC. This leads to the common misconception that police officers will treat THC possession as leniently as they treat Marijuana possession. Depending on the amount in possession, a person can be charged with a felony ranging from a State Jail to a First Degree. So, possessing THC oil CAN carry the risk of 5 to 99 years in prison, depending on the quantity.
Three Ways To Help Your Criminal Defense Attorney Beat Your THC or Marijuana Case
If you are pulled over, and you are in possession of Marijuana or THC it is important that you (1) do not consent to a search (2) do not make any admissions or statements regarding whether or not you are aware of the Marijuana or THC in your vehicle (3) Ask for an attorney to assist you and invoke your right to remain silent. Taking these steps may reduce the chances of you getting arrested and increase the chances that you will get your case dismissed or reduced.
What Do I Next?
While these cases are serious, many times, they can be dismissed in the hands of an aggressive and competent criminal defense attorney. If you or someone you loved has been arrested give us a call. If you’d like more information check out the TikTok video linked here.