Marijuana has remained popular for decades despite its illegality. Many times, the distinct odor associated with the plant is what helps law enforcement find people who are using or cultivating this prohibited plant. Marijuana users and growers have found a way to minimize that risk - creating butane hash oil. Also called BHO, wax, oil or shatter, this marijuana concentrate comes from chemically extracting the active ingredients in marijuana. While it often retains some of the smell of the plant, it is often fainter and easier to conceal. BHO is also many times stronger than plant-form marijuana.
For those facing charges from law enforcement for possession of BHO and attendant paraphernalia, the penalties are steep. Possessing any amount of BHO, hash or other marijuana concentrate is a felony under Texas state law. If you are facing charges over possession of a marijuana concentrate, you need the help of an experienced criminal defense attorney right away!
The penalties for BHO possession are steep
If you have any amount of marijuana concentrate in your possession, even a tenth of a gram, law enforcement may charge you with a felony drug crime. The penalties for possessing up to a gram include between 180 days and two years in prison and a fine of up to $10,000. If you are charged with possession of amounts between one and four grams, in addition to a $10,000 fine, you face between two and 10 years in prison.
If you're charged with possessing between four and 400 grams of BHO or other marijuana concentrate, you could face as many as 20 years in prison. For those who have more than 400 grams in their possession, they could be fined as much as $50,000 and receive anywhere from 10 years to life in prison.
To many people, 400 grams sounds like a large amount, but it's only a little more than 14 ounces. While that is a lot of BHO, it's incredible to imagine spending life in prison for less than a pound of a banned substance.
A criminal defense attorney may be your only chance at avoiding lifelong repercussions for a felony marijuana concentrate charge.
Your attorney can present a robust defense
If you're facing felony drug charges in Texas, you can't rely on an overworked public defender to provide the rigorous criminal defense you'll need. An experienced criminal defense attorney can help you by asking the courts to send you to drug treatment instead of jail. An attorney can also review the details of your arrest to determine if there was a violation of your civil rights or law enforcement's best practices.