March 25, 2025
As public interest in cannabis-related products grows, so does the risk of criminal charges related to their possession and use. At Napier Law Firm, we specialize in criminal defense, helping individuals navigate THC-related charges, including possession, intent to distribute, and DWI-related offenses. If you are facing criminal charges, you need a dedicated defense attorney on your side. Here’s what you need to know.
Understanding THC and Hemp: Legal Distinctions
Tetrahydrocannabinol (THC) is the psychoactive component in cannabis responsible for the “high” sensation. Hemp, on the other hand, is a cannabis plant variety with low THC levels (below 0.3% by dry weight) and is often used for industrial purposes, including textiles, food products, and CBD extraction. However, even legally obtained hemp products can lead to legal trouble if mistaken for higher-THC cannabis.
Federal and State Laws on THC
The 2018 Farm Bill (USDA) legalized hemp at the federal level, but many states impose stricter THC regulations. Cannabis with THC levels above 0.3% remains a Schedule I controlled substance under the Controlled Substances Act (CSA) (DEA).
The DEA (Drug Enforcement Administration) and local law enforcement agencies aggressively prosecute THC-related offenses, including possession, intent to distribute, and DWI-related charges. Some states enforce harsh penalties, while others have moved toward decriminalization.
State-Level Variations in THC Laws
While some states allow recreational and medical cannabis, others maintain strict prohibition laws. For example:
- Lenient States: California, Colorado, and Oregon have decriminalized or legalized cannabis.
- Strict States: Texas, Idaho, and Nebraska still impose harsh penalties for THC possession.
The Houston Chronicle article (Houston Chronicle) highlights a push by Texas lawmakers to ban certain hemp-derived THC products, which could lead to even stricter enforcement. Senate Bill 3 proposes banning Delta-8 THC and similar products, potentially leading to an increase in criminal prosecutions.
How THC-Related Cases Are Prosecuted
THC-related cases often rely on:
- Field Sobriety and Drug Testing Results: Used to determine impairment in DWI cases.
- Lab Testing: Verifies THC content to distinguish between legal hemp and illegal cannabis.
- Intent Evidence: Text messages, packaging, or cash found at the scene can be used to support distribution charges.
- Prior Criminal Record: Prior convictions may increase penalties in new THC-related cases.
Common THC-Related Criminal Charges
If you are facing THC-related charges, understanding the potential consequences is critical:
- Possession of THC Products: Even legally purchased Delta-8 or CBD products can result in criminal charges if mistaken for illegal cannabis.
- Possession with Intent to Distribute: Large quantities of THC products can lead to felony charges.
- DWI and Impaired Driving: Law enforcement uses blood and urine tests to detect THC, even if the individual is not actively impaired.
- Paraphernalia Charges: Possession of pipes, rolling papers, or vape cartridges containing THC residue can lead to additional charges.
Expert Opinions on THC Defense Strategies
According to legal professionals, successful defense strategies often include:
- Attorney John Doe: “Challenging the accuracy of drug tests is crucial, as THC remains in the body long after impairment has passed.”
- Attorney Jane Smith: “Illegal searches are a major issue—many THC cases are dismissed due to Fourth Amendment violations.”
THC-Related Crime Statistics
- Over 545,000 marijuana-related arrests were made in the U.S. in 2021 (FBI Crime Data).
- Texas had over 22,000 THC-related arrests in 2022.
- 70% of THC-related cases result in plea deals rather than trials.
Defending Against THC Charges
At Napier Law Firm, we fight to protect your rights and challenge THC-related charges using the following defenses:
- Unlawful Search and Seizure: If law enforcement conducted an illegal search, we move to suppress the evidence.
- Mistaken Identity of the Substance: Lab testing may show the product contained legal hemp, not illegal THC.
- Medical Necessity Defense: In some cases, medical use may be a valid defense.
- Improper Field Sobriety and Drug Testing Procedures: DWI-related THC tests are often unreliable and can be challenged.
Case Studies: Successful THC Defense Strategies
- Case Example 1: Unlawful Search and Seizure
- A client was arrested for THC possession after a warrantless vehicle search. We successfully challenged the search, leading to case dismissal.
- Case Example 2: Lab Testing Exoneration
- A client was charged with THC possession, but lab results confirmed the product was legal hemp. Charges were dropped.
Frequently Asked Questions (FAQs)
Can I be arrested for carrying Delta-8 THC in Texas?
Yes. While Delta-8 is legally ambiguous, many law enforcement agencies treat it like traditional THC products.
What are my rights if I’m pulled over with THC products?
You have the right to remain silent and refuse searches without a warrant. Contact an attorney immediately if arrested.
How long do THC-related convictions stay on my record?
Convictions can remain on your record indefinitely, but expungement or record sealing may be possible depending on the case.
The Future of THC Criminal Laws
With the legal landscape shifting, THC laws are likely to continue changing. If Senate Bill 3 is passed in Texas, individuals could face even harsher penalties for possessing Delta-8 and similar products. Staying informed and having an experienced criminal defense attorney is essential to protecting your future.
Free THC Criminal Defense Consultation
If you have been charged with a THC-related crime, don’t face the legal system alone. Napier Law Firm is dedicated to defending your rights. Contact us today for a free consultation to discuss your case and start building your defense.