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  • "Marijuana Wax"

    I have been finding small amounts of Marijuana wax on people recently and I am confused on what the appropriate charge should be. I haven't asked my supervisor about it yet, will discuss it when I go back to work. Just trying to get a little info on it before I bring it up. Would is just be possession and depend on the weight for the charge just like normal marijuana or since it is THC concentrate would it be a higher charge? I am in Texas by the way. I haven't charged the two people I have found it on just because of the tiny amount that it was but suspect I will find a larger amount of it soon and would like to know. Also, a marijuana test kit should show a positive result on it as well correct? Thanks for any help.

  • #2
    What does the statute say?
    Originally posted by SSD
    It has long been the tradition on this forum and as well as professionally not to second guess or Monday morning QB the officer's who were actually on-scene and had to make the decision. That being said, I don't think that your discussion will go very far on this board.
    Originally posted by Iowa #1603
    And now you are arguing about not arguing..................

    Comment


    • #3
      (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

      (b) An offense under Subsection (a) is:

      (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

      (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

      (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

      (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

      (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

      (6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds

      I would imagine that you would just weigh the wax from what I can find but there is also 4 penalty groups of controlled substances that get a different charge but I can't find the THC in any of those but each contain about 100 drugs that I have never heard of.

      Comment


      • #4
        Is there a separate provision for hash, hash derivatives or concentrates in the laws of Texas? I think there just may be.

        THC is but one ingredient in marijuana. Where in the statutes is marijuana defined? Look there first and it will delve into the differentiation (or inclusion) of stems, roots and other "non consumable" bits of the plant as well as discuss compounds, etc.

        I will give you a hint:

        http://www.statutes.legis.state.tx.u...htm/HS.481.htm

        You are not expected to be a drug expert, but you should have a basic foundation is what the base substance is/suspected to be as that will drive how/if you field test it and how to charge accordingly.
        Last edited by sgt jon; 06-02-2014, 11:48 PM. Reason: added a hint
        Originally posted by SSD
        It has long been the tradition on this forum and as well as professionally not to second guess or Monday morning QB the officer's who were actually on-scene and had to make the decision. That being said, I don't think that your discussion will go very far on this board.
        Originally posted by Iowa #1603
        And now you are arguing about not arguing..................

        Comment


        • #5
          Is the tetrahydrocannabinols in penalty group 2 talking about hash derivatives? After reading the definition of marijuana I'm pretty certain the wax isn't covered under the marijuana statute.

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          • #6
            After doing some more reading I think the marijuana wax will fall under penalty group 2 and be a state jail felony if under 1 gram. The marijuana test kits should show positive when the wax is tested just like with marijuana.

            Comment


            • #7
              Originally posted by winn99 View Post
              After doing some more reading I think the marijuana wax will fall under penalty group 2 and be a state jail felony if under 1 gram. The marijuana test kits should show positive when the wax is tested just like with marijuana.
              You are correct. It's charged the same as hash. It's gonna be a felony. We've been running across the wax a lot more lately.

              For a pretty decent overview, check out this article in "High Times". LOL! I'm serious, if you wanna learn about weed and stoners, go straight to the source.
              http://www.hightimes.com/read/dab-or-not-dab

              Wax is also gonna be called "dab" or "Butane Hash Oil (BHO)".

              The problem is, sometimes it's difficult to recognize because hash and wax can look very different depending on who made it. My dept does not provide us with field test kits. But a good rule of thumb is if someone has some kind weird gunk wrapped up in a bag or foil or plastic, and they're carrying it around in their pocket or otherwise concealing it, it's probably hash or wax. One option we have is to seize it, send it to the lab for testing, and then get a warrant after the results come back.

              Comment


              • #8
                The other thing about hash and wax is they don't always have a distinctive smell (at least not to a human nose). It's not like weed where you can smell it from yards away. So unlike marijuana, which we can charge simply based on "training and experience," you're gonna have to get a positive test result to charge for hash/wax.

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                • #9
                  I trust you appreciated the reasoning behind my not coming out and saying X, Y or Z. I prefer to lead folks to find the answer whenever possible.

                  It is usually as easy as looking at the direct and derivative statutes to find what you are looking for.

                  And as I trust you know- a field test kit will if used properly, show if a specific substance is present, but it is up to you to determine where on the scale the particular composition falls. i.e. enhanced penalties for say "hash/hash oil" over say regular weed, or powdered cocaine versus crack cocaine.

                  Another thing to look at is the production/manufacturing aspect as a growing trend is for folks to make on their own. Not only do you have a dangerous environment due to the process of manufacturing (get smart on this one) you also have a major enhancement.

                  If you do a little research you will see there is a recent case where someone made hash brownies and if facing felony charges. Its an interesting case in some regards, but it was has oil and he had weight.
                  Originally posted by SSD
                  It has long been the tradition on this forum and as well as professionally not to second guess or Monday morning QB the officer's who were actually on-scene and had to make the decision. That being said, I don't think that your discussion will go very far on this board.
                  Originally posted by Iowa #1603
                  And now you are arguing about not arguing..................

                  Comment


                  • #10
                    Originally posted by sgt jon View Post
                    I trust you appreciated the reasoning behind my not coming out and saying X, Y or Z. I prefer to lead folks to find the answer whenever possible.

                    It is usually as easy as looking at the direct and derivative statutes to find what you are looking for.
                    True.. but some of those definitions practically require you to have a major (or at least a minor) in chemistry to decipher. For instance, I believe this is where Hash is defined in Penalty Group 2:

                    Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:
                    delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;
                    delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;
                    delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;
                    compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;
                    HOWEVER, google is your friend. You can often find things broken down into plain english by reading articles people have written about the statute.

                    Comment


                    • #11
                      Awwww man, just take the stuff from 'um then end them on their merry way. You can smoke the stuff on your down time.
                      Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

                      Comment


                      • #12
                        Thanks for all the info guys and yes sgt jon I appreciate the clues. I read multiple articles on it last night (most were from pro-marijuana sites but they provided adequate information) and I did see the felony one for the brownies. It will be good information to go over in briefing as I think most of the guys on my shift are unfamiliar with it. Thanks again.

                        Comment


                        • #13
                          I have never heard of marijauna wax.
                          "Blessed are the peacemakers, for they will be called Sons of God - Matthew 5:9

                          Comment


                          • #14
                            Originally posted by rgv_cop View Post
                            I have never heard of marijauna wax.
                            It a colloquial term being used when folks homebrew "hash" or a THC concentrate using butane or chemical extraction/concentration methods as opposed to the more traditional method of THC extraction by the press or screen method.

                            One of the officer safety risks involves the butane method.

                            I will save you the drawn out How-To and say go ask the Internet or someone from your Narcotics Squad.
                            Originally posted by SSD
                            It has long been the tradition on this forum and as well as professionally not to second guess or Monday morning QB the officer's who were actually on-scene and had to make the decision. That being said, I don't think that your discussion will go very far on this board.
                            Originally posted by Iowa #1603
                            And now you are arguing about not arguing..................

                            Comment


                            • #15
                              I ran into it a few months ago in a college girl's purse. She had to tell me what it was to be honest, she had it in a little glass make up looking container that blended into the purse. Smelled exactly like weed when I opened it up though. The stuff I saw looked like make up too. I did a little research and in my state it falls under the marijuana statute and is a misdemeanor. I had never heard of it and no one on my shift had either. It is definitely different than hash though. The girl said it was called THC wax.

                              Comment

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