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"Marijuana Wax"

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  • winn99
    replied
    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.

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  • winn99
    replied
    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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  • sgt jon
    replied
    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

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  • winn99
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    (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.

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  • sgt jon
    replied
    What does the statute say?

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  • winn99
    started a topic "Marijuana Wax"

    "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.

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