There are four important things you should do if you are caught with a THC vape pen: 1) Remain silent. 2) Do not incriminate yourself. 3) Hire a lawyer. 4.) Do not lie.
Due to perceptions of vaping as a healthier alternative to cigarettes, it may seem that vaping THC oil is a far milder drug offense than smoking marijuana. In truth, it is far worse in Texas. The deceptively innocuous offense is an automatic felony in the Lone Star state. If you are someone who enjoys the high of vaping marijuana concentrates, it’s in your best interest to learn what to do if you are caught with a THC pen. A lawyer from our firm can help you navigate the legalities of this felony.
Exercise Your Rights
The most important thing you can do if you get caught by police in possession of drugs is to exercise your rights as an American citizen. What are your rights?
You know them already. You’ve heard them numerous times on TV when the bad guy is getting arrested or when he’s on the stand in court pleading the 5th. They are read to you in a Miranda Warning. Whether or not an officer is reading them to you while you’re under arrest, you are still entitled to them. So use them. If you are caught with an illegal substance like a THC pen, you should exercise your fifth amendment rights.
Remain Silent
It is your constitutional right under the fifth amendment to remain silent.
How to exercise this right:
You do not have to answer any questions an officer asks you, except those about your identity and contact information. Even if the officer pressures, intimidates, or threatens you, you do not have to answer questions. You can if you’d like, but be careful. This brings us to our next step.
Do Not Incriminate Yourself
The fifth amendment also endows you with the right not to incriminate yourself. You do not have to provide any information, statements, or evidence that could implicate you in a crime.
How to exercise this right:
If caught by police, do not admit anything. Do not affirmatively answer any questions involving the vape pen or the substance inside. Do not offer information about where you got it from or how much you have. The best way to avoid making an admission of guilt is to use your right to remain silent.
Hire an Attorney
Under the fifth amendment, you also have the right to an attorney. You are legally allowed to have a lawyer represent you in just about any situation. You do not have to answer questions or provide information without a lawyer present. A lawyer knows the laws and can advise you on communicating with the police.
How to exercise this right:
If you are caught with a THC pen, inform the police that you will not speak to them without a lawyer present. Alternatively, you can just tell them to call your lawyer. If you have an attorney already, you can provide the card or contact info to the officers. If you do not have an attorney, call one or ask a family member to call one for you as soon as possible. It is in your best interest to have a Houston drug possession lawyer on your side in Texas. An experienced attorney can advise you on what to expect in your case and implement key strategies to help you avoid a conviction.
Do Not Lie
Finally, do not lie. Lying to an officer is an obstruction of justice and can get you in even more trouble if they find out you were not telling the truth. If you cannot answer a question without incriminating yourself or lying, do not speak. Exercise your right to remain silent.
How Can Vaping THC Oil be Worse Than Smoking Marijuana?
First, let us remember that Texas is far behind many other states when it comes to the perception of cannabis. Many states have legalized or decriminalized the drug, but cannabis remains illegal in Texas. While treatment of the controlled substance is shifting in the state, it is doing so quite slowly. In 2019, the Texas Department of Public Safety (DPS) instructed police officers to stop arresting people with low amounts of marijuana and to cite them instead. A year later, the city of Austin eliminated the mandate for police officers to cite or arrest drug offenders carrying less than 4 ounces of marijuana. But those instructions only apply to marijuana itself and all of its derivatives.
In the state of Texas, the statute of limitations is there to make sure your case goes to trial within a set amount of time. For misdemeanor drug charges, it is 2 years, and for drug felonies, it is 3 years according to Title 6, Section 481.024. Act as soon as possible in hiring the right attorney for you. A lawyer at our firm will help you navigate the legal process so you don’t get overwhelmed.
Vaping with a THC Pen
When someone vapes, they use a vaporizer filled with tiny cartridges of THC oil. The vape pen creates a vapor from the oil contained, which is then inhaled by the user. To most people, that doesn’t sound any worse than smoking marijuana, but Texas law doesn’t view it that way.
Tetrahydrocannabinol, better known as THC, can be extracted from marijuana, and used in many ways. One of them is to create THC oil. THC oil contains a highly concentrated amount of THC – sometimes between 40-80%. The problem is that tetrahydrocannabinols, (except marijuana) are penalty group 2 illegal substances in Texas. Penalty 2 group drugs come with an automatic felony charge. Marijuana exists in its own penalty category in Texas with minimum penalties that are far less severe.
Exercise Your Right to an Attorney
Knowing and exercising your rights is paramount to a strong drug defense if you are caught with a THC pen. Texas takes drug crimes very seriously. If you or a loved one are facing drug charges call Blass Law today or fill out a contact form.