▶ Watch: A Vape Pen in Texas Could Be a Felony
Most people are shocked to learn that a small THC vape pen can be a felony in Texas. Unlike leafy marijuana, THC in a concentrate, oil, wax, or cartridge is treated as a Penalty Group 2 controlled substance — and Penalty Group 2 offenses are felonies, even for very small amounts.
Because the weight can include the liquid or oil in the cartridge, the amount charged is often far higher than the actual THC involved. That can push a case from a state jail felony up to a first-degree felony depending on the total weight. It is one of the harshest mismatches between what people expect and what the law actually does.
The good news is that these cases are very defensible. Search and seizure issues, lab testing, and weight calculations are all fair game. Brian Foley has handled THC and vape-pen cases across Texas, and the goal is always to avoid a felony conviction. If you are facing one, call before you make any decisions.
Free, confidential consultation — call or text (936) 596-0407.