Difference between THC and CBD in Marijuana

“Wax, Oil and Buds… Oh my!” Difference between THC and CBD in Marijuana

It is no surprise that marijuana laws are starting to relax in the United States. As of today 8 states allow legal recreational use with another 22 states who allow marijuana in some sense. Since marijuana is turning into a booming industry, many companies have started to find other marijuana products to sell such as oil and wax.

Marijuana 101

Originally, marijuana is a plant that is grown from a seed. People smoke the flower of the plant and it gives the “high” feeling. The active ingredient in marijuana that creates the high feeling is THC aka  tetrahydrocannabinol. It is ingested in the body most commonly by smoking. More recently however people have created ways to extract other ingredients from the marijuana plant such as CBD aka Cannabidiol. This CBD is collected and is sold in forms of wax or oil in states where recreational marijuana is legal.

CBD vs THC

Even though THC and CBD both come from the same plant the law views them differently and because of that they have different classifications. Under the Texas Health and Safety Code, the definition for marijuana is

“Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.The term does not include:

(A)  the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B)  the mature stalks of the plant or fiber produced from the stalks;

(C)  oil or cake made from the seeds of the plant;

(D)  a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

(E)  the sterilized seeds of the plant that are incapable of beginning germination”

At the time there was not a definition for CBD because it was not a known substance to the general public. Technically it could not be called marijuana because it fell under the first exemption of the definition above. Therefore in 2015 Texas added a new definition to cover these new compounds.

THC – CBD – Marijuana Consequences

A big difference between THC and CBD is how Texas law punishes possession of the substance. Assuming you only have a small personal amount, marijuana is a Class B misdemeanor. CBD is however a State Jail Felony and can carry up to 2 year jail time. Many people think smoking wax or oil is the same as marijuana, unfortunately the law does not view it that way. The law classifies them differently and treats CBD harsher.

Conclusion

Even though marijuana is still illegal in Texas it can commonly be seen used by people. Things to remember next time you are with people consuming marijuana is whether they are smoking the plant or the oil/wax. It may be a good idea to minimize risk and stick to the plant to help protect yourself. If you find yourself in a tough situation and need legal help, feel free to contact us at Zavala Texas Law. We are here to help and have helped many Houstonians with their drug charges.

What happens during a criminal case?

Criminal Case Process

Ever wondered what happens in a criminal case after someone gets arrested? We decided to explain to you the steps and the outcomes of a criminal case. If you have any questions please feel free to ask or just check out the following info-graph.

Criminal Case Process
How a criminal case is handled

Outcomes of a Criminal Case

Outcomes of a Criminal Case

A criminal case begins with a person being arrested and a charge filed against them by the State. Where your case can end depends on a lot of different factors which can lead to different outcomes. In Texas, there are various court outcomes that can have an impact on your record and your rights as an individual. It is important to know what options exist and if you are a good candidate for them. It’s important to speak to an experienced Criminal Defense lawyer in Houston who can explain these to you and help you understand.

Below are listed the outcomes that could occur during a criminal case.

 

Guilty

Being found guilty is the worst outcome that can occur during a criminal case. It means that the Judge found you guilty and has sentenced a term of confinement or fine. One can be found guilty either through trial or if the person pleads guilty before trial. If you are found guilty the Judge can sentence and fine you anywhere within the range of punishment for your crime. Please reference our Criminal Punishment Chart to understand the ranges of confinement/fine.

If you are found guilty, it will stay on your record and can be used against you in future court proceedings.

 

Probation

Probation also known as community supervision is an alternative to imprisonment. The Judge may place you on community supervision instead of ordering you imprisoned. While on probation you must report to the probation’s department and follow the conditions of probation. If you violate any of the conditions, the State may revoke (take away) your probation and imprison you. Being placed on probation is still a Guilty on your record, you just don’t do jail time.

 

Deferred Adjudication

Certain cases and situations sometimes avail themselves to Deferred Adjudication. When you get Deferred Adjudication, the Judge does not find you guilty and places you on community supervision instead. If you complete your community supervision without a problem then you will not have a conviction on your record. Instead it will show that you received Deferred Adjudication. One of the perks of Deferred Adjudication is that after a certain amount of time you can have it expunged (erased) from your record. This is a big advantage because employers and other people will not be able to see it.

Pre-Trial Diversion/Intervention

Some counties participate in Pre-Trial Diversion/Intervention (PTI)  but it is up to the discretion of the District Attorney. PTI is a program that the District Attorney offers to candidates who do not have a criminal history and are people of good character. PTI is very similar to probation except it is before the Judge finds you guilty. It is an agreement the defendant makes with the State to not participate in illegal activities and stay away from trouble. If the defendant completes PTI program without any infractions, the State will drop the charges against you. Therefore it will not go on your record and you will be clean.

Whether you are placed in the following programs is a case by case scenario and your attorney should help navigate. Your criminal and work history are being factors to be considered to see if you apply for the following programs. If you are interested Contact Us to discuss your options or click here for a video explaining Criminal Court Outcomes.