Arrested for a THC Vape Pen in Texas? What You Need to Know-NOW!

Arrested with a THC Vape Pen in Montgomery County? It’s a Felony in Texas—Here’s What You Do Next.

You’re in your car, you get pulled over, and the police find a THC vape pen. You might think it’s a minor issue, similar to possessing a small amount of marijuana.

In Texas, you would be dangerously wrong. That single vape cartridge just landed you in felony court.

Especially here in Montgomery County, where prosecutors are known for taking a hard line, a simple mistake can quickly escalate into a life-altering legal battle. Understanding the stakes is the first step toward protecting your future.

Why a Vape Pen is a Felony: Flower vs. Concentrate

The core of the issue lies in how Texas law treats different parts of the cannabis plant. While possessing marijuana flower is often a misdemeanor, the concentrated THC oil found in vape pens, edibles, and waxes falls into a much more severe category.

The Texas Health and Safety Code classifies THC concentrates under Penalty Group 2. This puts a vape cartridge in the same legal penalty group as synthetic cannabinoids and other substances the state considers highly dangerous.

Under this classification, possession of even less than one gram of THC concentrate is a State Jail Felony. There is no misdemeanor option. A conviction is punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.

The Lifelong Consequences of a Felony Conviction

Facing jail time is terrifying, but a felony conviction casts a much longer shadow. It’s a permanent mark on your record that can fundamentally change the course of your life. A felony drug conviction will create serious obstacles with:

• Employment: Many professional licenses and career paths will be closed to you. You will have to disclose your conviction on job applications, often leading to immediate disqualification.
• Civil Rights: You will lose your right to vote (until your sentence is complete) and permanently lose your right to own a firearm.
• Housing & Loans: A felony record makes it incredibly difficult to be approved for an apartment lease, secure student loans, or qualify for a mortgage.

These aren’t just inconveniences; they are permanent barriers to the life you want to build.

How We Build Your Defense in Montgomery County

Hearing this can be overwhelming, but an arrest is not a conviction. A positive outcome is possible, but it requires a swift and strategic defense from an attorney who knows the local system.

As an experienced Montgomery County drug defense lawyer, I scrutinize every detail of your case to build a powerful defense. We start by asking the critical questions:

• Was the traffic stop legal? Did the officer have a legitimate reason to pull you over in the first place?
• Was the search valid? Did you consent to the search? If not, did the officer have probable cause?
• Were your rights violated? Were you read your Miranda rights before being questioned in custody?

The answers to these questions often form the foundation for a motion to suppress evidence, which can lead to a case being dismissed. In Montgomery County, it’s not uncommon for these cases involving first-time offenders to be resolved through programs that result in a dismissal, protecting your record from a felony conviction.

Your Future is on the Line. Don’t Face It Alone.

If you or a loved one is facing a felony charge for a THC vape pen in Conroe, The Woodlands, or anywhere in Montgomery County, your future is on the line. The stakes are too high to navigate this alone or with an attorney who doesn’t handle these specific cases every single day.

I have handled thousands of cannabis cases, from trafficking to felony possession. I understand the nuances of the law and the tendencies of our local courts.

If you are facing a THC concentrate charge, your future is on the line. DON’T face it alone. Contact me, Paul Meyers, at The Meyers Firm, 936 766 5171 for a free consultation. Let’s start building your defense and finding the way out.