Marijuana

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

August 7, 2020 | by M. Neufeld Law

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

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The advent and mainstream use of CBD products, changes in the legislature and Travis Scott have normalized marijuana usage and desensitized Texas high schoolers and young adults to the criminal consequences of some products. Gummies, wax, and vape pens aren’t your parents’ blunts or joints. And partly the reason you were charged with a felony when you were arrested in Montgomery County with your vape pen. But, why is that really?

A vape pen is a compact, on-the go vaporizer that resembles a pen. Otherwise known as a dab pen, wax pen, or vaporizer, it uses cartridges to produce a vapor from an oil that can be inhaled by users. Cartridges can contain nicotine, CBD or THC oils. THC oil contains tetrahydrocannabinol, which is a Penalty Group 2 substance.

Marijuana Infused Lip-Balm

November 2, 2018 | by M. Neufeld Law

Marijuana Possession Defense Attorney
Weed in your Carmex? Why not, because weed makes everything better, right? At least until you’re arrested. According to advocates, marijuana has many medicinal benefits such as pain relief in addition to anti-inflammatory properties that could prove to be beneficial in the treatment of certain skin disorders such as acne or eczema. Are we going to see a huge surge in cosmetics containing weed such as Mary Kay Baked? Maybe. The market is already seeing the introduction of many lip-balm like products containing THC or marijuana.

The big question is, does it get you high? In a word, yes. But how does that happen if THC cannot be absorbed through the skin? Well, you have to lick your lips over and over. Doesn’t that negate what you are using the cannabis Chapstick for anyway? Probably. Sure, you are going to look silly repeatedly licking your lips, but what do you care, you are high.

Is there a pleasant smell associated like medicated Chapstick? Nope, it smells like weed. Therefore, you are probably not going to want to apply this in the office or classroom. Incidentally, parties where people kiss after applying the marijuana infused lip-balm is what all the cool kids are doing now.

The Stack!t “Herb” (Weed) Drying Rack

October 19, 2018 | by M. Neufeld Law

Marijuana Defense Attorney
Ah, this brings me back to the days of the Phototron. Who doesn’t remember this icon located in the advertisements at the back of nearly every magazine back in the day? Billed as the only all in one self-contained hydroponic grow box. The picture always showed either kitchen herbs or some type of house plant inside the box. As if anyone would grow anything in this box but marijuana. The Phototron was to “pay for itself harvest after harvest.” As I recall, this thing had a hefty price tag. Somewhere in the neighborhood of around $500. That’s a lot of basil one would have to grow in order to make up for the cost of a Phototron.

The “Phototron”

The Stack!t advertises as a way to dry all your “garden herbs” at once in this giant drying rack. At over six feet tall, one could put a lot of herb in this thing. Although, I would advise against this little number. Decades ago, I went over to a friend’s house and discovered a small-scale marijuana grow operation. The smell of weed upon walking in the door was overpowering. Just what you want when the police show up trying to chase off a burglar. Thankfully, this friend later went through a divorce and subsequently got rid of all of his marijuana grow operation. That little project was a felony waiting to happen. I have personally witnessed small hobbies like this turn into a major problem for clients. In Lubbock, it was always rumored that law enforcement had a plane that could detect infrared heat signatures. As everyone knows, these devices do exist. If you have a grow operation in your house, the heat signature is going to light up your house like a Christmas tree. Remember THC and marijuana are still illegal in Texas. If you get caught with a grow operation, it is going to result in a hefty charge. In a raid, I have seen law enforcement pull up the plant and weigh the whole thing; roots, dirt, and all which tends to be heavy. The higher the weight the higher the penalty.

New THC, CBD, and Marijuana Products 2018

October 9, 2018 | by M. Neufeld Law

Marijuana and THC arrest
Let’s continue our discussion of new THC products in 2018. Again, these products are surprising many young people in the Conroe, Woodlands, and Huntsville area. Mainly because marijuana products have not been decriminalized in our area and these products can land you in jail or even worse. Many of these new products containing THC have a criminal penalty that corresponds to the gross weight of the product. Frequently, these products will place you right in the middle of felony land. Yep, we are talking pen time. The big house. So, what are some of the exciting new THC and other marijuana containing products?

Weed Beef Jerky

Let’s face it, we all like to stop a Buc-ee’s. On the way to my last legal seminar I stopped in and picked up an old favorite…beef jerky. What’s better than all the great flavors of jerky that Buc-ee’s serves up? You guessed it. Weed beef jerky. We have all heard of edibles such as pot brownies but come on, that’s old school. Pick up some weed beef jerky by the Santa Cruz Company. This THC-laced beef jerky comes in a wide range of flavors and you even get to choose from several strains of marijuana. Stoners have taken to calling this new product “reef jerky” based on the old term “reefer.” This one even won a prize at the Denver Cannabis Cup in 2014. What’s next?

THC Infused Bath Products

September 16, 2018 | by M. Neufeld Law

THC infused products

The next time you’re sore from overdoing it at the gym think about taking an Epsom salts bath. Better yet, take an Epsom salts bath with some weed in it. These days it seems that weed makes everything work a little bit better. Right? Or at least that is what we are hearing from the states that have legalized marijuana. Sadly, Texas isn’t one of those states. The bad part about cannabis being legal in some states and not in others is that when people get caught in possession of these products in a state like Texas, they are in big trouble. How big is the trouble? Well, it depends on the weight. But the trouble is usually Hulk Hogan big. These THC infused products are coming in at third-degree felonies and up. In fact, the majority of cases I see are usually second-degree felonies. How bad is a second-degree felony in Texas? Well, it could land you in the big house, that’s right, the Texas Department of Criminal Justice Institutional Division for up to twenty years. To a young adult with no criminal history that can cause a person to soil their armor.

So, what about marijuana laced bath product called Soak? Well, it is one of the many products that are being churned out in the fast-growing medical marijuana market currently sweeping the states. Soak is the brainchild of Whoopi Goldberg and another stoner that has a reputation for making wicked edibles. Soak is promoted as helping women with PMS and menstrual relief. So just what is Epsom salts? Well, it is not the salt that you use on your food. Epsom is a place in England that the salt is named after. If you take this salt orally you will tend to fill your pants. Yeah, and not in a good way. The product is composed of magnesium sulfate which is a natural laxative. According to stoner science, your body needs both magnesium and sulfate. According to tree huggers, these two minerals have strong detoxifying and natural healing properties. And we all know that cannabis offers even more healing properties. Whoa, dude I can feel my body shedding the toxins. The theory goes that that when you soak in this stuff it magically gets into your body through your skin. Sure, that makes sense. Brings to mind that I was so wasted last night from my medicinal beer bath, but I digress. Yeah, so the absorbing through the skin theory has never been proven. But it sounds cool, right? Soaking in hot water usually makes you feel pretty good anyway. If you really want to try it, you can pick up some plain old Epsom salts at the grocery store for next to nothing. Add the weed however you like. But if you are dead set in giving Whoopi Goldberg your money then you should pick up this product.

The bottom line is, every week I meet new clients that have been arrested for possession of products containing THC or some other cannabis derivative. Over the next few weeks I will discuss a few of these products I have stumbled upon and hopefully help someone avoid jail time over something that they had no idea would have such serious consequences. So, if you or a loved one has been busted for any type of THC product, edible, or vape pen give me a call. Don’t let a stupid mistake ruin your life with a criminal record. You need an experienced criminal defense attorney with a track record of defending marijuana, THC, and other cannabis related cases. Call us today.

Moon Rocks, Kief, and Cannabis Edibles, Oh My

April 18, 2018 | by M. Neufeld Law

Marijuana Attorney - cannabis and its usage. marijuana leaf and marijuana products isolated on white background. cosmetics, hemp milk, hemp oil, cookies, brownies and nutritional supplements.
Being a criminal defense attorney, I try to keep up with the latest fad drugs to hit the market in order to better serve my clients and help them understand what they are being charged with when it comes to controlled substances. This week I had a young man come in that was arrested for being in possession of marijuana. However, when the charging instrument was filed it turned out that he was being charged by the Montgomery County District Attorney for possession of a controlled substance, a second-degree felony which carries a possible sentence of two to twenty years in the Texas Department of Criminal Justice Institutional Division. Wow, that is a whole lot scarier than simple pot possession. Needless to say, my client was scared to death. That is a pretty hefty sentence. Luckily, the case was picked up by an assistant district attorney with a great deal of experience and very good discretion with these types of cases. Thanks to him we were able to get the charge reduced and the client was ultimately happy with the outcome. These types of cases are on the rise and are no longer considered unusual. New states legalize marijuana each year and people are transporting these new pot products to Texas and will unknowingly face steep fines and sentences. People in Conroe and Huntsville believe that Montgomery County and Walker County are following in the footsteps of Harris County in lessening the penalties. This is simply not true. You may ask what the pot product was that my client possessed for this severe penalty. It was called Moon Rocks.

After a little research I found out that Moon Rocks are a new cannabis product created by a dispensary on the west coast. Marijuana dispensaries in states that have legalized marijuana are businesses. Like all businesses they try to separate themselves from the competition. Thus, coming up with new products that these businesses hope will set themselves apart from the growing field of competition in the growing field of legalized marijuana. See what I did there? Moon Rocks involve taking an already potent strain of marijuana, infusing it with hash oil, and then rolling it in kief. The hash oil makes the weed much stronger. In one-two punch fashion, the bud is then rolled in kief which strengthens the potency even more. Kief is the resin gland of the cannabis plant. Think of it as a built-in defense mechanism for the plant that produces the potent THC that gets people high. In other words, this is a powerfully concentrated form of marijuana.

These new products are classified by law enforcement as controlled substances. Typically, controlled substances are classified by weight. What happens when you add oil to a sponge? It gets heavy. Hence, the reason Moon Rocks carry such a severe penalty. Think of pot brownies. It is the same reason the penalty for edibles and for the THC oil commonly used in vape pens also carry a severe penalty. They are heavy. It is not the amount of THC or drug in the product that determines the penalty but the gross weight. Therefore, if you are caught with one of these products you could face serious consequences.