Earlier this week, one of our Instagram followers left this comment on one of our posts regarding criminal charges for hash oil: “In Texas I’m on a class 3 felony 2-10 state pen for 1 gram of hash oil.”
We thought that was pretty fucked so we direct messaged this user, asking where in Texas he was and what happened exactly. He had this to say:
“South of Houston tx. Brazoria county. I got pulled over for a speeding ticket, cop asked me to roll down my passanger side door to talk to him after talking on my side. Stuck his head in to say he got a small scent of marijuana, searched the car and found my rig and 1 g or less of hash oil. Charged me with speeding and state felony possession of control substance, and they weighed it out with the parchment paper and it weighed to 3.7 so it bumped me to class 3 felony.
“I dab because of my heavy adhd/add and anxiety. Currently seeing a counselor and got a join a dumb outpatient rehab program before court date.”
Sometimes at our home office in Southern California it’s easy to forget how old and ignorant cannabis and hash laws can be across the nation. Not that the laws here are perfect – not by any stretch – but if you want some concentrate in L.A. your biggest concern is whether you should hit the tamale place or the ramen shop in the same mini-mart as your collective, not whether you’ll get a mandatory sentence for a couple grams if you’re caught.
If you lose this list, here’s a good rule of thumb to remember where not to get arrested with your wax, shatter or oil: if it’s really hot, don’t get caught there. Almost every state on this list is in the Deep South so, if you’re on a road trip and you start hearing evangelical or Baptist preachifying on the radio, stash that concentrate and head North.
As whack as the Texas law our friend above described is, Texas actually is not quite the worst place in the country to get stopped with a slab. In Mississippi, possession of over .1 g of hash or concentrate is a felony with a mandatory sentence of 2-8 years in prison. But it gets much worse.
Possession of 2-10 g carries a mandatory sentence of 4-16 years. For 10-30 g, you get 6-24 years, for over 30 you get a minimum of 10 years, maximum of 30. The same for trafficking so don’t take any dabs into Mississippi unless you can pull off a real good now-you-see-it-now-you-don’t magic trick when the 5-0 comes for a visit.
The Lone Star state got our attention earlier this year when a 19 year-old alleged to be selling weed brownies got served a felony charge that could bring him a prison sentence between 5 years and life. According to Texas law, whatever material extract is infused into gets counted itself as a concentrate so legally all 1.5 pounds of brownies in Jacob Lavoro’s possession was a controlled substance.
If you have more than one gram of extract in Texas, that’s a mandatory sentence of two years. If you manufacture more than 4 grams, that’s a mandatory 5-99 year sentence (not a typo). That means a grumpy D.A. and judge could potentially give someone life in prison for a hefty rosin run.
1 year and one day minimum prison sentence for possession of any amount. Manufacturing a Schedule 1 drug in the state is a Class A felony so that comes with a mandatory sentence of 10 years to life. Also, just to show they’re serious, a marijuana conviction of any kind results in a 6 months suspension of your driver’s license.
1 year mandatory for possession. 5 years mandatory for extracting or selling. A second offense comes with a mandatory stretch of 10-40 years.
Possession comes with a 1 year in prison term minimum. Extracting is a minimum of 3 years in prison
Mandatory 1 year for possession (though this can be foregone in a first offense at the judge or jury’s discretion). Manufacturing, distributing or intent is a mandatory 5-40 year sentence. A second offense can give you life in fucking prison. The minimum term for possession of over an ounce is 3 years.
- SOUTH DAKOTA
Simple possession can get you 10 years. Minimum of 1 year for blasting or distributing. Minimum of 5 years if that’s near a school.
- NORTH DAKOTA
Like in Texas, any substance containing marijuana extract is a concentrate. You can get up to a year for eating a weed brownie. You can get 5 years for possession of hash oil.
Manufacturing and delivering laws are harsh too, especially if it happens within 1,000 ft of a school, in which case it comes with a minimum sentence of 8 years in prison.
If you have more than 3 g of hash or concentrate on a college campus, you can get up to 15 years in prison. Simple possession in any amount can get you 5 years. So, dab it all up before you spring break.
The least densely-populated state in the continental U.S. has some arbitrary grudge against liquid concentrates. While the law does not mention solid extracts specifically, it does say that, “Possession of more than .3 grams of a liquid concentrate is a felony punishable by a maximum term of imprisonment up to 5 years and/or a fine of no more than $10,000.”
Is their liquid concentrate just so much better there that they had to make it against the law? Or did they just say, “Oh, yeah, I think Dateline said that was bad. Either that or meth,” before they took a vote?