Arrested on a Drug Possession Charge involving THC or Edibles? We offer experienced drug attorneys and former Tarrant County prosecutors who can provide the best defense in fighting your THC and edibles drug charge. All of our criminal lawyers are former prosecutors with extensive experience fighting drug charges, from misdemeanor marijuana charges to first degree felonies. Our goal is a dismissal or no bill of your drug possession charge. For many young offenders, there are diversion programs as well that allow for the case to be dismissed and expunged from your record.
Hoeller McLaughlin PLLC represents clients on all types of State criminal charges, including drug possession charges like THC and edibles cases, DWI, marijuana charges, white collar crimes, gun and weapons charges, assault, sex crimes, murder, and violent crimes.
THC AND EDIBLES | POSSESSION OF A CONTROLLED SUBSTANCE PENALTY GROUP 2 | TEXAS FELONY DRUG OFFENSE
THC or Tetrahydrocannabinols is the principal psychoactive constituent of cannabis, also more commonly referred to as Marijuana or Marihuana. But unlike Marijuana, THC is currently punished more severely than Marijuana. For example, possessing less than a gram of a usable amount of Marijuana is a Class B Misdemeanor (0-180 days in jail; up to a $2,000 fine). In comparison, possessing less than a gram of THC, like in a Vape Pen or in an edible is a state jail felony (6 months to 2 years in a State Jail Prison Facility; up to a $10,000 fine).
If you are arrested for possession THC, the charge is typically “Possession of a Controlled Substance Penalty Group 2.” The degree of felony offense depends on the weight of the THC seized by law enforcement. Here are the schedules:
- State Jail Felony (6 months to 2 years State Jail; up to $10,000 fine): If you are possessing less than a gram.
- 3rd Degree Felony (2-10 years in Prison; up to $10,000 fine): If you are possessing between 1 and 4 grams.
- 2nd Degree Felony (2-20 years in Prison; up to $10,000 fine): If you are possessing between 4 and 400 grams.
- 1st Degree Felony (5 to 99 years/Life in Prison; up to $10,000 fine): If you are possessing 400 or more grams of THC.
FIRST OFFENDER DRUG PROGRAM (FODP) RELATED TO THC AND EDIBLES CHARGES:
If this is the first time you have ever been arrested on a drug charge and you don’t have any prior criminal history, you may qualify for the First Offender Drug Program run through the Tarrant County Criminal District Attorney’s Office. Here is the link to their website for more information. If you successfully complete the FODP program, your drug possession charge will be dismissed and eligible for an expunction after a 1 year waiting period. Here is the list of charges that may qualify for the First Offender Drug Program with respect to THC and edibles offenses:
The following offenses may be eligible for FODP:
- Possession of Controlled Substance under 1 gram – Penalty Group 2
- Possession of Controlled Substance 1 – 4 grams – Penalty Group 2
JUVENILE DIVERSION PROGRAMS
If you have been charged as a minor with a THC or edibles possession charge, there are several programs available in the Juvenile Justice System that allows for the case to be dismissed/dropped and sealed.
If you have been arrested on a drug possession charge (marijuana, pills, methamphetamine, heroin, cocaine, THC, HGH, etc.) in Fort Worth, Tarrant County, TX, then you need an experienced drug attorneys to help. Our criminal lawyers are all former prosecutors. Drug Attorney Bryan Hoeller is a former prosecutor in Tarrant and Dallas County, Texas. Colin McLaughlin is a former prosecutor in Tarrant and Harris County, Texas and is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Lindsay Truly is a former prosecutor in Tarrant County. Attorney Dustin Trammel is also a former prosecutor in Tarrant County and is also a veteran of the US Army. Our lawyers have tried over 200 combined criminal jury trials and have handled thousands of drug charges. Our goal at Hoeller McLaughlin PLLC is to offer the best defense on the toughest drug possession charges and drug delivery charges.
FELONY DRUG CHARGES WE DEFEND:
- Possession of Marijuana 4 ounces to 5 pounds (State Jail Felony)
- Possession of a Controlled Substance u/1 gram – Penalty Group 1 (State Jail Felony)
- Possession of a Controlled Substance Penalty Groups 1, 2, 3, and 4 – Felony Level Amounts
- Possession of a Controlled Substance 1-4 grams – Penalty Group 1 (3rd Degree Felony)
- Possession of a Controlled Substance 4-200 grams – Penalty Group 1 (2nd Degree Felony)
- Possession of a Controlled Substance 200-400 grams – Penalty Group 1 (1st Degree Felony)
- Possession of a Controlled Substance over 400 grams – Penalty Group 1 (Super First Degree Felony)
- Delivery & Manufacturing of a Controlled Substances (Enhances the Underlying Possession by a Degree)
- State Money Laundering & Engaging in Organized Crime Charges
- State Felony Drug-Related Offenses (Evading Arrest, Weapons & Gun Charges, Unlawful Possession of a Firearm)
MISDEMEANOR DRUG POSSESSION CHARGES WE DEFEND:
- Possession of Marijuana u/2 ounces (Class B Misdemeanor)
- Possession of Marijuana 2-4 ounces (Class A Misdemeanor)
- Possession of Marijuana u/2 ounces in a School Zone (Class A Misdemeanor)
- Possession of a Controlled Substance u/28 grams Penalty Group 3 (Class A Misdemeanor)
- Misdemeanor Drug-Related Offenses (Evading Arrest, Weapons & Gun Charges, Fail to ID, Etc.)
OUR STRATEGY IN FIGHTING YOUR DRUG CHARGE:
- Did the police have reasonable suspicion or probable cause to stop you?
- Did the police have probable cause to search and seize your property?
- If there was a search warrant, did law enforcement comply with Chapter 18 of the Code of Criminal Procedure?
- Can the police “affirmatively link” the drug/dope to you? For example, just being in a car where drugs are found is not necessarily enough of a link.
- Was the drugs/dope someone else’s?
- Was a CI (confidential informant) involved?
- Was there an issue with the drug test?
FIRST OFFENDER DRUG PROGRAM (FODP):
If this is the first time you have ever been arrested on a drug charge and you don’t have any prior criminal history, you may qualify for the First Offender Drug Program run through the Tarrant County Criminal District Attorney’s Office. Here is the link to their website for more information. If you successfully complete the FODP program, your drug possession charge will be dismissed and eligible for an expunction after a 1 year waiting period. Here is the list of charges that may qualify for the First Offender Drug Program:
The following offenses may be eligible for FODP:
- Possession of Controlled Substance, under 1 gram
- Possession of Controlled Substance, 1 – 4 grams
- Possession of Controlled Substance under 2 ounces
- Possession of Marihuana under 2 ounces
- Possession of Marihuana, 2 – 4 ounces
- Drug-Free Zone, Controlled Substance under 28 grams
- Drug-Free Zone Marihuana 2 – 4 ounces
- Forging or Altering Prescription
- Possession of Dangerous Drug
- Diversion of a Controlled Substance
- Attempt of any above listed offenses
Call today for help from an experienced Tarrant County Drug Possession Lawyer – 877-208-3382.