Is it Illegal to Dab in Texas? | Possession of THC Wax, BHO, Hash Oil and Cannabis Concentrates

What is Dabbing?

Dabbing is a slang term for taking a hit off an extremely concentrated form of marijuana – called “cannabis concentrates” –  usually through an e-cigarette, vaporizer pen or dab rig. Dabbing involves the flash vaporization of cannabis concentrate. This is often achieved by applying the concentrate to a hot surface before it is inhaled. A dabber takes a portion of sticky hash oil or wax, then dabs it on the end of a nail (usually a ceramic or titanium bowl) that has been preheated with a torch, or some other heating element. A stick is then used to transfer the concentrate from the storage container to the “nail”  from which it is inhaled. The whole apparatus is often called a dab rig or dab pen.

Is It Illegal to Dab in Texas?

Yes, it is illegal to dab in Texas. Possession of any type of marijuana extract or cannabis concentrate with more than .3 percent THC is a felony in Texas.

What Are Cannabis Concentrates?

Cannabis concentrates are substances that contain THC that have been extracted from marijuana. Cannabis concentrates can take many forms including waxes, BHO, oils, and shatter.

What is Hash Oil?

Hash oil, as the term is generally used, is the oil extracted from cannabis. Hash oil can be smoked, vaporized, or used in edible product. Hash oils are created by extracting the oil from the marijuana plant using a solvent. These solvents may include carbon dioxide, ethanol, and butane.

What is BHO?

BHO stands for Butane Hash Oil. BHO utilizes butane to extract THC from the marijuana into the butane. The butane is allowed to evaporate and the remaining honey or wax-like substance is known as BHO.

Why Do People Dab?

Marijuana tends to have a 10 to 25 percent concentration of THC. Concentrates can be up to 80 to 90 percent THC.

Can Drug Dogs Smell Cannabis Concentrates?

This depends entirely on what the dog has been trained to detect. We have unfortunately had experts review police stops and find false alerts where the dog handler caused the dog to alert. Based on case law out of the Supreme Court over the last few years, this is an area ripe for attack for individuals who can afford to bring in experts and raise this attack. Learn more about training dogs to detect concentrates.

What is the Punishment for Possession of THC Wax, BHO, Hash Oil, & Other THC Concentrates?

Concentrates are punished much more harshly than possession of marijuana in Texas. While some argue this is an unfair distinction, almost everyone is shocked when they discover how harsh the penalties are.

What Are the Penalty Ranges for Dab, Hash, BHO, & Other Cannabis Concentrates in Texas?

Cannibis concentrates are classified as a Penalty Group 2 controlled substance and any amount is a felony. 

Possession of Controlled Substance Penalty Group 2 (PG2)Offense LevelPunishment Range
Less than one gramState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 gramsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 400 gramsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or moreEnhanced first-degree felony5 to 99 years in a state prison and/or a fine of not more than $50,000

Arrested for Dabbing? We Can Help

If you or a loved one has been arrested for dabbing or possessing a cannabis concentrate, it’s imperative to contact an experienced defense attorney as soon as possible. We often see young people charged with this type of offense, which could have a long-lasting impact to their future, including college, housing and employment. In fact, many parents have no idea what dabbing is or that it is illegal to dab in Texas. They don’t realize that even first-time offenders can face harsh penalties, which is why it’s important to have a skilled attorney fighting on your behalf every step of the way. Our team of Fort Worth criminal defense attorneys have a proven track record of success and have a reputation for relentless, unwavering defense.

Individualized Attention

We understand that clients who hire us are coming to us with the biggest problems in their lives, and we treat their problems with the care and attention warranted by the problem. We seek out the best outcomes by over-preparing, finding weaknesses in the State’s case, through careful negotiations and, when necessary, trial.

Exceptional Experience

All of our partners are former prosecutors. We not only know the State’s playbook, in many cases we helped write it. We have over half a century of experience handling criminal cases, and we are ready to put our experience to work for you.

Proven Results

We know you have a lot of options to choose from. We hope our results and reviews speak for themselves. As former prosecutors, we know the best results go to the most proactive attorneys. Call us today at (817) 203-2220 or contact us online to find out how you can get started with our firm.


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About the Author Board Certified Lawyer Benson Varghese

About the Author

Benson Varghese is the managing partner of Varghese Summersett. He is a seasoned attorney, highly esteemed for his comprehensive knowledge and expertise in the field. He has successfully handled thousands of state and federal cases, ranging from misdemeanor driving while intoxicated cases to capital offenses, showcasing his commitment to preserving justice and upholding the rights of his clients. His firm covers criminal defense, personal injury, and family law matters. Benson is also a legal tech entrepreneur. Benson is a go-to authority in the legal community, known for his ability to explain complex legal concepts with clarity and precision. His writings offer a wealth of in-depth legal insights, reflecting his extensive experience and his passion for the law. Not only is Benson an accomplished litigator, but he is also a dedicated advocate for his clients, consistently striving to achieve the best possible outcomes for them. His authorship provides readers with valuable legal advice and an understanding of the complexities of the criminal justice system. CriminalPersonal InjuryFamily Law Contact
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