What Happens if You Get Caught with a Dab Pen in Texas? Penalties Explained

In recent years, vape pens and dab pens have exploded in popularity, especially among teens and young adults. While many use these devices to vape nicotine or flavored e-liquids, they’re also commonly used to inhale cannabis concentrates or THC oil.

However, possessing THC in any form, including in a vape cartridge or dab pen, is illegal under Texas law and can lead to serious criminal charges. In this post, we’ll explain exactly what you can expect if you’re caught with a dab pen in Texas and how an experienced drug possession attorney can help.

Is It a Felony to Possess a Dab Pen in Texas?

Let’s start with the legal classification of the offense. Texas has some of the strictest laws in the nation when it comes to cannabis concentrate possession.

According to Section 481.103 of the Texas Health and Safety Code, THC in any form other than dry flower marijuana is considered a Penalty Group 2 controlled substance. This means possessing any amount of THC oil, wax, or concentrate – even a tiny amount in a vape cartridge – is automatically a felony.

It doesn’t matter if you have a whole jar of wax or a single dab pen with residue. If it contains THC concentrate, it’s a felony in Texas.

This harsh stance differs from many states that have decriminalized or legalized marijuana in recent years. But in Texas, cannabis concentrates are treated more like hard drugs than marijuana flower.

So why the distinction? Lawmakers argue that cannabis concentrates are more potent and dangerous than regular marijuana. THC levels in a concentrate may exceed 80%, compared to 15-25% in marijuana flower.

Penalties for Dab Pen Possession in Texas

The specific penalties you face for dab pen possession depend on the amount of THC concentrate involved.

But even for small quantities, the consequences are severe.

• For less than 1 gram of THC concentrate, you’re looking at a state jail felony. This carries 6 months to 2 years in state jail and a fine up to $10,000.
• Anything from 1 gram to 4 grams is a 3rd degree felony. Punishments include 2-10 years in prison and a maximum $10,000 fine.
• Possession of 4 grams to 400 grams of THC concentrate is classified as a 2nd degree felony. This means 2-20 years in prison and up to a $10,000 fine.
• For really large quantities, 400 grams or more, you could be charged with a 1st degree felony. If convicted, you’re facing 5 years to life in prison and a fine up to $50,000.

To put this in perspective, 1 gram is about the weight of a single paper clip. The THC oil in most prefilled vape cartridges weighs between 0.5 and 1 gram. So, in Texas, getting caught with one dab pen is enough to land you behind bars for 2 years.

Alternative consequences of a THC concentrate conviction could include probation or deferred adjudication, mandatory drug testing, substance abuse treatment, community service hours, and suspension of your driver’s license.

What Happens to Minors Caught with Dab Pens?

Special rules apply if you’re under 21 and caught with a dab pen at school or in public.

For minors under 17 years old, THC possession will likely be handled in the juvenile justice system. While the focus is more on rehabilitation than punishment, minors may still face probation, drug counseling, and detention in a juvenile facility.

As of September 1, 2023, students who sell, give, possess, or use a vape within 300 feet of school property MUST be sent to a disciplinary alternative education program (DAEP) under House Bill 114. So, in addition to criminal penalties, students risk school suspension or alternative placement just for having a dab pen in their backpack.

For anyone between 18 and 20 caught vaping in public (even if it’s nicotine or tobacco), you can be cited for a Class C misdemeanor and fined up to $100 under the Texas Health and Safety Code. Of course, if your vape contains THC, you’ll face the additional felony charges we discussed above.

Having a drug conviction on your record as a young person can seriously impact your ability to get into college, find a job, secure housing, and obtain financial aid. It’s not an understatement to say a dab pen charge can derail your future before it really begins.

Defending Against THC and Cannabis Concentrate  Charges in Texas

Considering the extremely high stakes for a THC concentrate conviction, you can’t afford to face these charges without an aggressive and experienced criminal defense attorney in your corner.

At Whalen Law Office, we understand the fear and stress that come with being caught with a dab pen. You may be imagining worst-case scenarios and wondering how a conviction will impact your future. It’s a lot for anyone to handle alone.

When you trust us with your THC case, we’ll investigate your arrest and the prosecution’s evidence. We look for signs that your constitutional rights were violated, such as an illegal search or failure to properly read your Miranda rights.

We’ll also examine the specific facts of your situation to identify the most effective defense strategies. Perhaps police lacked probable cause to search you in the first place. Maybe you were unaware the vape pen contained THC. In any case, our mission is to secure the best possible outcome, whether that’s dismissal of the charges, reduction to a lesser offense, or acquittal at trial. We are here to protect your rights and freedom.

If you or your child has been arrested for possessing a dab pen or THC vape in Texas, don’t wait to get legal counsel. Contact the defense lawyers at Whalen Law Office today for a consultation. Let us put our proven experience to work for you.