An electronic cigarette, or vape, is a battery-powered device that heats up and vaporizes a small amount of liquid that the user inhales. Recently, vapes have been used to discreetly consume tetrahydrocannabinol (THC). There are various concentrates of substance, including oil, wax, shatter, and live resin. Rather than using an aerosol liquid, users insert their desired concentrate into the device and smoke the vaporized THC.
Charges and Penalties for Possessing THC
In Texas, possessing THC is illegal, and the penalties for having this substance are much harsher than those of simple marijuana possession. That’s because THC is considered a penalty 2 drug, a classification that includes substances such as ecstasy and PCP.
The level of charges and degree of punishment for THC possession are determined by the amount of the substance the person had:
- Possession of less than 1 gram: State felony, which is punished by 6 months to 2 years in jail and up to $10,000 in fines
- Possession of 1 to 3.9 grams: Third-degree felony, which is punished by 2 to 10 years in jail and up to $10,000 in fines
- Possession of 4 to 399 grams: Second-degree felony, which is punished by 2 to 20 years in jail and up to $10,000 in fines
- Possession of 400 grams or more: First-degree felony, which is punished by 10 years to life in prison and up to $50,000 in fines
THC Vaping and DWI
Using a vape filled with THC and then getting behind the wheel could also result in DWI charges. In Texas, a person violates the driving while intoxicated law of they are caught operating a vehicle with an amount of drugs in their system that could impair their mental and/or physical faculties and their ability to drive safely.
Testing for THC in the System
If an individual is arrested for suspicion of driving under the influence of drugs, the police will require them to submit to a chemical test. A sample of their blood or urine will be taken and analyzed to determine if a specific drug is in their system. These tests are based on the binding that occurs between a protein produced by the immune system and a foreign molecule. If a reaction occurs between the protein and molecule, the test will come back positive. If the two do not bind, the test will come back negative.
Schedule a Consultation with The Law Office of Rene A. Flores PLLC
If you were charged with drug possession or DWI, contact our attorney as soon as possible. From the moment you retain our services, we will begin preparing a compelling defense for your case. We will challenge the prosecutor’s evidence against you and work toward getting charges reduced or dismissed.
To retain the services of a seasoned professional, call us at (956) 606-3606 or contact us online.