The short answer is yes, it is a crime to own a THC vape pen in the state of Texas. While it's legal to buy and own a THC vaporizer pen in many states, Texas isn't one of them. In fact, if you get caught in Texas with a THC vaporizer pen, you can get in serious legal trouble. THC is a group 2 penalty controlled substance in Texas.
Possession of ANY amount is a felony. Any edible or THC vaping, no matter how small, is a serious crime in Texas. It's not like regular plant marijuana, where they also have to show a usable amount. Any amount is sufficient; a crumb of your marijuana is a serious crime.
Penalties for possession of THC are determined by quantity and quantity is measured in grams. As noted above, possession begins as a felony in the state jail. Unlike marijuana, there are no lower levels of punishment for THC. Any amount less than one gram is a felony in state jail, and penalties increase from there.
Possession of more than one gram of THC but less than four grams is a third-degree felony. Possession of an amount of THC between four and four hundred grams is a second-degree felony. Possession of any quantity greater than four hundred grams carries a punishment range of between five and ninety-nine years in the Texas Department of Corrections. In Texas, it is illegal to possess THC oil and wax and CBN oil and wax, but it is not illegal to possess CBD oil or wax as long as the THC content is illegal.
Marijuana or cannabis contain at least 110 types of cannabinoids, of which THC, CBN and CBD are the most abundant and studied. The main difference is that THC has a psychoactive effect, while CBN has only a mild psychoactive effect and CBD has no psychoactive effect. These are CBN and CBD in the form of wax and oil that are used to treat neuropathic or chronic pain, Chron's disease, multiple sclerosis, epilepsy and Darvet syndrome, post-traumatic stress disorder, anxiety and insomnia. The amount of the fine and the length of time in jail or imprisonment depend on the amount of wax or THC oil in your possession.
Despite being in penalty group 2, THC has a variety of treatments and medical uses, and research on THC and marijuana continues to discover new and novel medical uses. What's even worse than being illegal is that THC vaping cartridges don't get the same treatment as regular marijuana. While very high quality marijuana can contain 20% THC content, cannabis concentrates are extremely potent, having up to 6% or up to 90% THC content. In a trial for possession of THC or CBN, to prove your case, the State would be required to provide evidence of a THC level higher than 0.3%.
THC oil and any substance containing THC other than marijuana are in the following group, penalty group 2.Vaporizers are usually battery-powered devices that heat cannabis oil and deliver vaporized THC to the user. Texas crime laboratories are not equipped to analyze the percentage of THC contained in a sample, but can only test for the presence of THC. Like all other charges related to THC oil and cannabis oil, most people who are arrested are surprised to learn that the charge of owning a vaporizer is likely a third-degree felony or a second-degree felony. What happens after you're arrested for possession of marijuana groceries or THC vaporizers depends largely on the county you're in.