Texas has some of the toughest drug laws in the country, and possession of a THC vape pen can lead to serious felony charges. Unlike marijuana in plant form, THC oil is classified as a controlled substance, meaning even a small amount can result in harsh penalties. A conviction could lead to jail time, hefty fines, and a permanent criminal record. At Daniel Collins Law, we know how overwhelming these charges can be. We fight to protect your rights, challenge the prosecution’s case, and work toward the best possible outcome for you.
How Texas Classifies THC Vape Pens
While many states have legalized marijuana in some form, Texas law still classifies THC oil and concentrates as controlled substances under Penalty Group 2 of the Texas Controlled Substances Act. This classification makes possession of a THC vape pen a felony offense, even if the amount is small.
Many people assume that a vape pen is treated the same as a marijuana flower, but that’s not the case. In addition, the law does not distinguish between personal use and intent to distribute, meaning individuals caught with a THC cartridge can face serious legal consequences. Police and prosecutors aggressively pursue these cases, often seeking maximum penalties.
A felony conviction can lead to prison time, steep fines, and a permanent criminal record. If you are arrested for possessing a THC vape pen, it’s critical to take the charge seriously and seek legal representation as soon as possible.
Penalties for Possessing a THC Vape Pen in Texas
Texas law treats THC oil and concentrates harshly, with penalties based on the total weight of the substance.
- Less than 1 gram – State jail felony (180 days to 2 years in state jail, up to a $10,000 fine)
- 1 to 4 grams – Third-degree felony (2 to 10 years in prison, up to a $10,000 fine)
- 4 to 400 grams – Second-degree felony (2 to 20 years in prison, up to a $10,000 fine)
- More than 400 grams – First-degree felony (5 to 99 years in prison, up to a $50,000 fine)
A conviction can also bring long-term consequences, including a permanent criminal record, difficulty finding employment, and loss of certain rights. Many people don’t expect such severe penalties for a vape pen, but Texas law does not treat THC concentrates the same as marijuana. If you’re facing these charges, legal representation is critical.
Possible Defenses to THC Vape Pen Charges
Facing felony charges for a THC vape pen can feel overwhelming, but several possible defenses may help reduce or dismiss the charges. The right defense strategy depends on the details of your case. Some of the most common defenses include:
- Illegal search and seizure – If law enforcement did not follow proper procedures when stopping, searching, or arresting you, we can challenge the evidence and seek to have it suppressed.
- Lack of knowledge – If you did not know the vape pen contained THC, we can argue that you had no intent to possess an illegal substance.
- Testing and evidence issues – The prosecution must prove that the substance contains THC through proper lab testing. If there are errors in testing or evidence handling, we can challenge their case.
- Pretrial diversion options – In some cases, first-time offenders may qualify for programs that help them avoid a felony conviction.
We examine every detail to build the strongest possible defense for you.
How Daniel Collins Law Can Help
If you’re facing felony charges for a THC vape pen in Texas, you need a strong defense. At Daniel Collins Law, we have successfully defended clients in cases just like yours. We understand how prosecutors handle drug charges, and we use that knowledge to challenge weak evidence, negotiate favorable outcomes, and fight for dismissals when possible.
Our approach starts with a thorough case review. We look at every detail—how the search was conducted, whether your rights were violated, and whether the prosecution can actually prove their case. If law enforcement made mistakes, we will push to have evidence thrown out. If a plea deal or diversion program is an option, we will explore those paths to keep a felony off your record.
Contact an Experienced Fort Worth THC Vape Pen Attorney
A THC vape pen charge in Texas can have lasting consequences, but you don’t have to face it alone. We will fight for your rights and explore every option to protect your future. Call Daniel Collins Law today for a free consultation and start building your defense.