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  • Brian Foley

PCS CS PG2 >= 1G < 4G Montgomery County Texas Criminal Defense Attorney

PCS CS PG2 >= 1G < 4G Montgomery County Texas Criminal Defense Attorney - Brian Foley Board Certified Criminal Defense Attorney in Conroe Texas, and The Woodlands, Texas


Tetrahydrocannabinol is illegal in Texas and it is classified under Penalty Group 2 of the Texas Health and Safety code. Section 481.116 makes possession of PCS CS PG2 illegal.


Even a trace amount could be considered a State Jail Felony offense. So what kind of things will get you arrested for possession of THC under Penalty Group 2 of the Texas Health and Safety Code?


THC is any Tetrahydrocannabinol that is NOT the plant cannabis sativa L.

Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;
delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; or
compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;

Typically when someone refers to THC they are referring to Delta 9 THC. This is the active ingredient in naturally occurring marijuana. (The Health and Safety Code actually spells it "marihuana.")


So what about other Deltas that are not listed in the statute? Well if you have a consumable hemp product that is 0.3% of Delta-9 THC or less then you are in the clear, but if it is any other form of THC then as of July 2022 that would be illegal in Texas as a Schedule 1 Controlled Substance.


https://dshs.texas.gov/hemp/Consumable-Hemp-Products---Frequently-Asked-Questions.doc


There is a compassionate use program but it is only available for extreme forms of epilepsy and when administered by a Doctor. https://www.dps.texas.gov/section/compassionate-use-program


The bottom line is that in Montgomery County, Texas and The Woodlands Texas if you are found with any type of THC you are likely to be arrested and face felony charges including bond conditions.






Bond conditions are requirement that the State can place on you before you have been convicted of a criminal offense. You will have to report to a probation officer just as if you were on probation for the case already. You will be required to drug test and worse, call in to a phone number every single day to see if it was your turn to get tested. This kind of life disruption is totally foreign to regular citizens who had no idea that THC products they could by at a legitimate business were illegal.


If you or a loved one has gotten caught up in a situation like this call an experienced attorney today.


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