Now that possession of less than 4 ounces of weed will no longer lead to arrest and charges in Harris County, I fear that people will get confused and not realize that there are still very strict laws and penalties for possession of tetrahydracannibinol (THC) wax or oil which do not fall under the DA's weed policy.
As a matter of background, weed can be processed into other substances suc...h as oil or wax using a solvent. This is often done in order to either ingest a higher potency vapor or to create edibles to ingest the THC. These substances have the same intoxicating chemical - THC - as weed.
So one might think that they would be punished similarly to marijuana? Nope! The penalties are extremely severe for possession, possession with intent, or delivery of these THC products.
Texas Health and Safety Code Sec. 481.002(26)(A) excepts "resin extracted from a part of the plant..." from the definition of "marihuana" (their spelling not mine.)
Instead, extracted THC is classified as a Penalty Group 2 controlled substance. Other substances in Penalty Group 2 include Ecstacy (MDMA) and LSD.
As a Penalty Group 2 substance, the punishment range for THC is the following:
Possession of less than 1 gram: State Jail Felony, 6 months - 2 years.
Possession of 1 gram to 4 grams: 3rd Degree Felony, 2-10 years.
Possession of 4 to 400 grams: 2nd Degree Felony, 2-20 years.
Possession of More than 400 grams: 1st Degree Felony, 5-Life.
Possession with intent to deliver of 1 to 4 grams: 2nd Degree Felony, 2-20 years.
Possession with intent to deliver or delivery of 4-200 grams: 1st Degree Felony, 5-Life.
So now you see how harsh the punishment can be for just having a little THC oil or wax or even a gummy bear made with this stuff. It is not even close to proportionate to the punishments for possession of the actual marijuana despite it being the same active ingredient.
Imagine a world where beer is almost legal and whiskey is punishable by long sentences in prison and you would have a pretty good conception of how the law is currently treating these substances. It doesn't make sense, but it is the law on the books.