THC Concentrates

As marijuana grows as a business in other states the way it's consumed has changed. THC concentrates such as oils or budders has become especially prevalent among marijuana users. The efficiency and potency of wax or oils have made the trends of “vaping” and “dabbing” reach a nationwide level.

Despite the rapid popularity of THC concentrates, Texas law still considers the use of THC concentrates to be illegal. In fact, Texas does not even consider THC concentrates to be a part of the cannabis sativa plant. Texas Penal Code § 481.002(26) states that resin from cannabis is not considered marijuana, but a penalty group 2 drug. 

If you or someone you know has been charged with possessing, delivering or manufacturing THC concentrates, it’s vital that you contact a skilled criminal defense attorney.

Brownsville Attorney for THC Concentrates in Texas

THC concentrates are considered a penalty group 2 drug which means the penalties for conviction are severe. A person charged with possessing THC concentrates may face steep fines, possible incarceration, and a marked on their criminal record. It’s important that you are aware of what may happen next. Call attorney Johnathan Gracia at The Gracia Law Firm to take the first steps in your defense.

Johnathan Gracia is a distinguished attorney with a passion for criminal defense. He has the resources, experience, and enthusiasm necessary to fight your charges. Johnathan Gracia will implement all available strategies to uncover all legal options for your case. Stay ahead of the prosecution today with The Gracia Law Firm.

Start your defense today with Johnathan Gracia. The Gracia Law Firm represents clients those accused of marijuana crimes throughout the greater Brownsville area and nearing cities including Port Isabel, La Feria, Los Fresnos, and Rio Hondo.

Call now at (956) 504-2211 to schedule your free consultation.

Overview of THC Concentrates in Texas 


THC Concentrates under Texas Law

Concentrated THC is created by pressing resin that collects on cannabis into oil and other substances. Marijuana resin is found in the plant’s flowers and has a high potency of cannabinoids, which includes THC. The cannabinoid tetrahydrocannabinol, or THC, is the chemical known for giving marijuana users a light hallucinogenic feeling.

What separates THC concentrates from standard marijuana is the abundance of substances that originate from it. Cannabis concentrates can come in multiple forms including hashish, wax, budder, or oils. Many make ingestible oils that can be used in food.   

THC concentrates are uniquely classified under Texas law. Although it is gathered from a marijuana plant, cannabis concentrates are not considered marijuana under the law. Texas Penal Code § 481.002(26) states that resin, stalks, and stems are not considered a part of the marijuana plant. This means that THC concentrates are considered a standard penalty group 2 drug that has heavier legal penalties than standard cannabis. 


Common Examples of THC Concentrates

An interesting component of THC concentrates are the many substances it can create. The following are some of the most common forms of THC concentrates. 

  • Wax – The stickiest form of concentrates, wax is decarboxylated THC with a sappy texture. Wax is commonly associated with “dabbing” as it is smoked when warmed at a high temperature.

  • Oil – Cannabis concentrates that are made with CO2 are called oils. Cannabis oils come in a slightly runny texture and typically come in a syringe. You can find marijuana users put oil in pens for the purpose of “vaping.”

  • Shatter – Shatter is a type of marijuana concentrates that is hard and glass-like. If dropped, the concentrates will shatter which is where the name originates. It’s thought to be the purest THC concentrate and highly sought after.

  • Crumble – The driest concentrate is called crumble. Crumble is a brown dehydrated substance that can be broken down and used for “dabbing.”

  • Budder – A mix between wax and crumble, budder is a type of THC concentrates that has a consistency of peanut butter. It’s made by whipping cannabis sap or shatter. 

Texas Penalties for Possessing THC Concentrates

Since THC concentrates are not considered a part of the marijuana plant, the penalties are much more severe. Therefore, it is a felony offense for any person to possess even the smallest amount of THC concentrates in Texas.

The following are the penalties for those possessing THC concentrates in Texas.

  • Less Than One Gram – State Jail Felony
    • Punishable by up to 24 months in jail, and a possible fine of up to $10,000.

  • One gram or more, but less than four grams – Third-Degree Felony
    • Punishable by up to 10 years in prison, and a fine of up to $10,000.

  • Four grams or more, but less than 400 grams – Second-Degree Felony
    • Punishable by up to 20 years in prison, and a fine of up to $10,000.

  • 400 grams or more – First-Degree Felony
    • Punishable with a minimum of five years and a maximum of up to 99 years of life imprisonment, and a fine of up to $50,000. 

Texas Penalties for Delivery or Manufacture of THC Concentrates

It’s illegal to deliver or manufacture THC concentrates in the state of Texas. The penalties for delivering or manufacturing cannabis concentrates are reliant on the amount possessed. The following are the penalties for those who distribute or manufacture THC concentrates in Texas. 

  • Less than one gram – State Jail Felony
    • Punishable by up to 24 months in jail, and a possible fine of up to $10,000.
  • One gram or more, but less than four grams – Third-Degree Felony
    • Punishable by up to 10 years in prison, and a fine of up to $10,000.

  • Four grams or more but less than 400 grams – Second-Degree Felony
    • Punishable by up to 20 years in prison, and a fine of up to $10,000.

  • 400 grams or more – First-Degree Felony
    • Punishable with a minimum of 10 years and a maximum of up to 99 years of life imprisonment, and a fine of up to $100,000.

Additional Resources 

Texas Drug Laws – Visit the official website for Texas Health and Safety Code, a collection of state laws regarding illegal drugs in Texas. Find more information surrounding possession, delivery, and manufacture of controlled substances in Texas. 

What do You Know About Marijuana Concentrates? – Visit the official website for GetSmartAboutDrugs.org, a website created by the Drug Enforcement Administration (DEA) for parents and educators. Find more information about cannabis concentrates how it’s made, how it’s consumed, and the long-term effects of marijuana concentrates.


THC Concentrate Lawyer in Cameron County, Texas

If you or someone you know has been charged with possessing, using, or manufacturing THC concentrates, it’s crucial that you gain trusted legal representation. Johnathan Gracia is a skilled Texas attorney who has a strong focus in criminal defense.

Attorney Johnathan Gracia is knowledgeable about the Texas court system. He has years of experience handling criminal defense cases in Texas. Rest assured, with Johnathan Gracia you will never be on the backburner. He will always keep you informed and walk you through every phase of the case. Call now for an attorney who cares about you with The Gracia Law Firm. 

The Gracia Law Firm represents those accused of drug crimes throughout the greater Cameron County area including nearby counties such as Hidalgo County and Willacy County.

Call us now at (956) 504-2211 and schedule a free consultation today.


This article was last updated on November 5, 2018.