Understanding the Penalties for Hash and Concentrates in Texas

In the evolving landscape of marijuana legislation, the distinction between traditional marijuana and cannabis concentrates like hash and THC concentrates is becoming a focal point for law enforcement, legislators, and defense attorneys alike. Texas, with its historically stringent drug laws, treats these concentrated forms of cannabis differently from regular marijuana. To understand your legal rights, you should first understand the penalties associated with hash and concentrates in Texas.

What are hash and cannabis concentrates?

Hash, short for hashish, is a concentrated form of cannabis made by separating the resinous trichomes from the plant material and then compressing them. It can vary in texture and appearance, from soft and pliable to hard and brittle.

Cannabis concentrates, on the other hand, are products derived from the cannabis plant that have been processed to isolate the desired compounds, such as THC or CBD. Concentrates come in various forms, including oils, waxes, shatters, and tinctures, and can have significantly higher levels of THC compared to the traditional marijuana flower.

Hashish and concentrates and Texas laws

In Texas, the penalties for possession, sale, and distribution of hash and cannabis concentrates are much harsher when compared to regular marijuana.

Possession: In Texas, possession of any amount of hash or cannabis concentrate is classified as a felony. The severity of the felony and the associated penalties depend on the amount of hash or concentrate in possession:

• Less than 1 gram: State jail felony with a potential penalty of 180 days to 2 years in jail and a fine of up to $10,000.
• 1 gram to 4 grams: Third-degree felony with a potential penalty of 2 to 10 years in prison and a fine of up to $10,000.
• 4 grams to 400 grams: Second-degree felony with a potential penalty of 2 to 20 years in prison and a fine of up to $10,000.
• 400 grams or more: First-degree felony with a potential penalty of 5 years to life in prison and a fine of up to $50,000.

Sale and distribution: Selling or distributing hash or cannabis concentrates in Texas carries even steeper penalties.

• Less than 1 gram: Second-degree felony with a potential penalty of 2 to 20 years in prison and a fine of up to $10,000.
• 1 gram to 4 grams: First-degree felony with a potential penalty of 5 years to life in prison and a fine of up to $10,000.
• 4 grams or more: Enhanced first-degree felony with a potential penalty of 10 years to life in prison and a fine of up to $100,000.

Common defenses for hash and concentrate charges

Given the severe penalties associated with hash and cannabis concentrate offenses in Texas, it’s important to mount a robust defense. Some potential defenses that our Killeen drug defense attorneys might employ include:

• Illegal search and seizure: If law enforcement obtained the hash or concentrates through an illegal search or seizure, the evidence may be suppressed, leading to a dismissal of charges.
• Lack of possession: The prosecution must prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed the hash or concentrate. If the defendant was unaware of the presence of the substance, it could be a viable defense.
• Medical necessity: In rare cases, individuals with a legitimate medical need for cannabis might be able to argue medical necessity as a defense, although this is generally a challenging defense to prove in Texas.

In short? We can help.

Cannabis reform on hash and concentrate laws in Texas

With the growing acceptance of marijuana and its various derivatives for both medical and recreational use across the United States, there is increasing pressure on Texas to reform its strict cannabis laws. However, as of now, Texas remains one of the states with the harshest penalties for hash and concentrate offenses.

Efforts to reform Texas’ cannabis laws have been ongoing but have faced significant opposition. As neighboring states and the country at large move towards decriminalization or legalization, Texas remains an outlier with its punitive approach to cannabis-related offenses.

With the severe penalties associated with the possession, sale, and distribution of hash and cannabis concentrates, anyone facing charges related to these substances should seek the expertise of one of our knowledgeable Killeen marijuana defense attorneys.

While our attorneys can offer plenty of defenses, your best defense is to understand and adhere to our state’s current laws regarding hash and concentrates. The national conversation around cannabis will continue, but it remains to be seen whether Texas will change its stance on hash and concentrate offenses or maintain its stringent approach in the face of changing attitudes and legislation across the country.

In the meantime, if you find yourself facing charges for hash and cannabis concentrates, don’t hesitate to get in touch with the Killeen marijuana defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers. We can mount a vigorous defense on your behalf, working to knock your charges down or even get them dropped altogether. Get in touch with us as soon as possible so we can begin working on your defense. Simply call our offices or fill out our contact form to schedule a consultation today. We maintain an additional office in Copperas Cove and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.