Attorney
In recent years, THC vape pens have become increasingly popular across the country. Many people assume they are treated like traditional marijuana in Texas. Unfortunately, the law is far stricter. Possession of a THC vape pen is not considered a low-level marijuana offense. It is classified as a felony under Texas law.
If you are caught with a THC vape pen in Fort Worth or Tarrant County, you could face life-changing penalties, even if it’s your first offense. At Daniel Collins Law, we believe it’s important to understand the risks, your rights, and how a strong defense can protect your future.
Why THC Vape Pens Are Treated Differently in Texas
Texas law distinguishes between plant-based marijuana and concentrated cannabis products like oils, waxes, and vape cartridges. Under the Texas Controlled Substances Act, THC in concentrated form is considered a Penalty Group 2 controlled substance.
That means even a small amount of THC oil or a vape pen can lead to felony charges. Unlike possession of marijuana, which is sometimes handled as a misdemeanor in small amounts, THC concentrates are prosecuted much more aggressively.
Penalties for THC Vape Pen Possession
The penalties depend on the amount of THC concentrate found in your possession:
- Less than one gram: State jail felony, punishable by 180 days to two years in a state jail facility and a fine up to $10,000.
- One to four grams: Third-degree felony, punishable by two to 10 years in prison and up to $10,000 in fines.
- Four to 400 grams: Second-degree felony, punishable by two to 20 years in prison and up to $10,000 in fines.
- More than 400 grams: First-degree felony, punishable by five to 99 years in prison and up to $50,000 in fines.
Even the smallest amount of THC oil or residue in a vape pen can result in a felony conviction, leaving you with a permanent criminal record that can impact employment, housing, and professional licenses.
Additional Consequences Beyond Prison Time
The punishment for THC vape pen possession extends beyond the criminal sentence. Convictions can also result in:
- Driver’s license suspension for up to six months,
- Difficulty finding employment due to a felony record,
- Barriers to housing and financial aid,
- Damage to reputation and relationships.
For college students and young professionals, these consequences can derail education and career plans. That’s why having a strong defense is essential from the beginning.
Defenses Against THC Vape Pen Charges
If you are charged with THC vape possession in Fort Worth, your defense will depend on the facts of your case. Common defenses include:
- Illegal search and seizure: If police did not have probable cause or a valid warrant, the evidence may be suppressed.
- Lack of knowledge: You may not have known the vape pen contained THC, especially if it belonged to someone else.
- Chain of custody errors: Mistakes in how evidence was tested or stored can weaken the prosecution’s case.
- First-time offender options: In some cases, alternatives like diversion programs may help you avoid a permanent conviction.
FAQs About THC Vape Pen Possession in Texas
Is THC possession always a felony in Texas?
Yes. Unlike marijuana in leaf form, THC concentrates, including oils and vape pens, are automatically charged as felonies, even in small amounts.
Can I go to jail for just one THC cartridge?
Yes. Even less than one gram of THC oil can result in a state jail felony charge, with possible jail time and thousands in fines.
What if the vape pen wasn’t mine?
The state must prove you knowingly possessed the THC. If you didn’t know it was there or if it belonged to someone else, your attorney can raise that defense.
Can THC cases be dismissed in Fort Worth?
Yes. If police violated your rights, if the evidence is weak, or if you qualify for a diversion program, your attorney may be able to get your charges reduced or dismissed.
Protect Your Future with Daniel Collins Law
The penalties for THC vape pen possession in Texas are among the harshest in the nation. If you’ve been charged in Fort Worth or Tarrant County, don’t face it alone. At Daniel Collins Law, we understand what’s at stake, and we are ready to fight for your rights, your record, and your future.
Contact us today for a confidential consultation and let us begin building your defense.