THC is a group 2 penalty controlled substance in Texas. Possession of ANY amount is a felony. Any edible or THC vaporizer, no matter how small, is a felony in Texas. The short answer is yes, it is a crime to own a thc vape pen in the state of Texas.
In recent years, a once little-known cannabinoid called delta-8 THC has increased in popularity due to its similarities to marijuana, especially in states where marijuana (which contains delta-9 THC). Walk into any smoke store or CBD retailer in Texas and you're likely to find this product on the shelves in forms such as gummies, vape cartridges, or tinctures. As vaping increases in popularity as an alternative to smoking cigarettes or marijuana, THC oil in vaporizers is a felony in Texas. Different classifications have been established for different forms of cannabis.
While possession of marijuana is generally a misdemeanor (barring large quantities), any amount of THC concentrate starts with a felony. While very high-quality marijuana can contain 20% THC, cannabis concentrates are extremely potent, with a THC content of up to 6% or up to 90%. THC oil and any substance containing THC other than marijuana fall into the next group, penalty group 2.Despite being in penalty group 2, THC has a variety of treatments and medical uses, and research on THC and marijuana continues to uncover new and novel medical uses. Currently, Vape City, a Houston-based vaping company with 75 retail stores in the U.S.
Department of Commerce, and CBD American Shaman are the only other companies that have filed a similar lawsuit, but have not yet received a response. Like all other charges related to THC oil and cannabis oil, most people who are arrested are surprised to learn that the charge of having a vaporizer is likely a third-degree felony or a second-degree felony. Vaporizer pens are generally battery-powered devices that heat cannabis oil and deliver vaporized THC to the user. Instead of the 9%-30% dry weight THC normally found in the plant, the THC content is greater than 60%.
What's even worse than being illegal is that THC vaporizer cartridges don't get the same treatment as regular marijuana.