Portable or pocket vaporizers have become commonplace and surprisingly affordable. Vape pens, in particular, sometimes cost as little as $10. While many people use personal vaporizers for nicotine products, they are also popular among marijuana users.
People in Texas might travel out of the state to legally purchase vaporizer cartridges in a state that has legalized marijuana. They might also acquire cartridges from unregulated sellers violating Texas state law. Anyone caught in possession of a marijuana vaporizer cartridge is potentially at risk of felony charges.
Extract possession is a felony
Texas statutes impose harsh penalties for drug possession, including marijuana possession in various situations. Extracts, including butane hash oil (BHO), traditional hash and other products, are subject to even stricter regulations than natural-state marijuana flowers.
Any amount of marijuana extract that contains tetrahydrocannabinol (THC) warrants felony charges under current Texas state statutes. Products that only contain other cannabinoids, such as cannabidiol (CBD), are not subject to the same regulations. Any amount of an extract with THC can be enough to state jail felony that carries between 180 days and two years in jail and $10,000 in fines. The penalties increase from there based on the weight of the extract.
Even the residue left in vaporizing devices could be enough to trigger a felony charge. Those using vape pens for their discreet appearance and reduced odor when compared with marijuana flowers may be unaware of the risk until after an arrest occurs.
Anyone arrested due to vaporizer possession may need assistance developing a criminal defense strategy, and that’s okay. Working with a criminal defense attorney is important for anyone facing drug charges in Texas, but especially those accused of felony drug crimes.
