The Complex Status of THC Vapes in Texas 
Texas is known for its conservative stance on marijuana-related laws, especially concerning THC products. Although cannabis laws are slowly changing across the United States, Texas still maintains a restrictive approach. While the state allows the medical use of CBD oil with less than 0.3% THC, any product containing higher levels of THC remains illegal. For those traveling through North Texas with THC vapes, it’s important to understand how these laws apply, especially when you might unintentionally find yourself caught in a legal situation. Medical Marijuana and THC Vapes: What’s Legal?
In Texas, medical marijuana is legal under specific conditions. Patients with qualifying medical conditions can access medical marijuana, but only through a prescription from a licensed doctor. However, the THC levels in these products are regulated and often much lower than what is typically found in recreational cannabis products. For example, THC vapes sold legally in the medical marijuana market may contain only very small amounts of THC, which makes them distinct from the recreational products sold in states with legalized cannabis. Without a prescription, possessing THC vapes could result in severe legal consequences, including felony charges. Even if you have a prescription, the possession of THC in a vape product exceeding the state’s allowable limit could lead to a serious charge.The Issue of THC Concentration in Vapes
One of the key factors in determining whether THC vape possession is legal in Texas is the concentration of THC in the product. The state defines marijuana as any product containing more than 0.3% THC. This concentration threshold is crucial for understanding the legal limits when it comes to vaping. Products containing higher THC concentrations are treated as illegal, regardless of their intended use. For those traveling with THC vapes, it’s essential to check the THC concentration and ensure it’s within the legal limits. Possessing even a small amount of THC above the legal threshold could result in felony charges and significant legal consequences.
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Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
What Counts as Felony Possession in North Texas?
Possessing THC vapes can be classified in different ways under Texas law, depending on the quantity and the circumstances surrounding the possession. While small quantities of THC may result in misdemeanor charges, larger amounts or certain conditions could lead to felony charges.Misdemeanor vs. Felony Possession: What’s the Difference?
Under Texas law, the classification of marijuana possession depends on both the amount you’re caught with and your criminal history. If you’re found with less than two ounces of THC or marijuana, you could face a misdemeanor charge. The penalties for misdemeanor marijuana possession include:- Up to 180 days in county jail
- Fines of up to $2,000
- Up to 2 years in state prison
- Fines up to $10,000
Felony Possession for Larger Quantities
A major factor in whether you’re charged with a felony in Texas is the quantity of THC vapes in your possession. For instance:- Possessing between 2 to 4 ounces of marijuana or THC products: This may result in a state jail felony charge, punishable by 6 months to 2 years in jail and fines up to $10,000.
- Possessing more than 4 ounces of marijuana or THC vapes: This is considered a third-degree felony and carries 2 to 10 years in prison, with potential fines of up to $10,000.


