Montgomery County POSS CS PG 2 < 1G Attorney

Montgomery County POSS CS PG 2 < 1G Attorney

Montgomery County POSS CS PG 2 < 1G Attorney

If you’ve recently found yourself facing legal trouble in Montgomery County, Texas, for possession of a controlled substance involving a vape pen, you’re not alone. Many people are surprised to learn that possessing even a small amount of THC, whether Delta-8, Delta-10, or another variant, can land you in serious legal trouble. But how is it possible that something you purchased legally at a store could result in a felony charge? Let’s break down the situation.

What Is Penal Group 2 Less Than 1 Gram (PCS PG2 < 1G)?

When arrested for possessing a vape pen containing THC in Montgomery County, you might find yourself charged under Penal Code 481.116. Specifically, you’re looking at possession of a controlled substance under Penal Group 2, less than 1 gram. This is categorized as a state jail felony, even though it involves less than a gram of THC, a seemingly small amount.

But what does this mean exactly? It means that if you're caught with less than 1 gram of THC, whether in the form of a vape pen or another product, you're facing a charge that could carry serious consequences. A state jail felony in Texas can result in up to 2 years in a state jail facility, along with substantial fines.

The Controversy: Is This Really Legal?

Many individuals are left questioning how they can be arrested for possessing something they purchased legally at a store. After all, these products are often sold in established vape shops or dispensaries, complete with packaging, barcodes, and everything you'd expect from a legal product. How can this be illegal?

In Montgomery County, the answer lies in the interpretation of the law. The state’s Controlled Substances Act, which categorizes various substances by their chemical composition and potential for abuse, lists THC under Penal Group 2 without distinguishing between the different types of THC compounds such as Delta-8, Delta-10, or THCA. Whether or not you purchased the product from a licensed vendor does not change the fact that the county views it as THC, a controlled substance. As a result, possessing it could lead to felony charges, even if you purchased it legally at a store or vape shop.

Legal Penalties for Possession of THC in Montgomery County

Possession of THC can be tricky in Montgomery County, as authorities have a strict interpretation of the law. If you’re caught with a vape pen or other THC product, here’s how the penalties can escalate:

Less than 1 gram: This is considered a state jail felony, with penalties ranging from 180 days to 2 years in a state jail facility and a fine of up to $10,000.

1 to 4 grams: This escalates to a third-degree felony, carrying 2 to 10 years in prison and fines up to $10,000.

In fact, possession of 1 to 4 grams of THC under Penal Group 2 is treated the same as cocaine or heroin possession, making it a serious offense under Texas law.

What Can You Do If You’ve Been Arrested?

If you find yourself in a situation where you’ve been arrested for possession of a controlled substance in Montgomery County, it’s crucial to know that this doesn’t have to be the end of your life. Many of our clients, particularly those who are young and have no prior criminal history, are often able to present mitigating factors that can significantly improve the outcome of their case.

Some of the actions we can take to help include:

Gathering mitigating evidence: This can include letters of recommendation from employers, teachers, or community leaders who can vouch for your character.

Showing a positive trajectory: If you’re gainfully employed or pursuing education, these factors can show that you’re someone with a bright future who made a mistake but isn’t a danger to the community.

Exploring expunction options: After successfully resolving your case, you may be able to seek an expunction, which would remove the charge from your record and give you a fresh start.

While we may not always be able to find a legal flaw in the way the case was handled—such as a bad traffic stop or improper search—there are still ways to reach an outcome that doesn’t involve jail time. In some cases, community service, classes, or probation may be options to keep the case from impacting your future too heavily.

Why Aren’t Stores Being Prosecuted?

You may wonder, “If I purchased the vape pen from a store, why aren’t they being held accountable?” The answer is that the stores involved in selling THC products in Montgomery County often operate with authorization from the Texas Department of Agriculture. They are licensed under the Industrial Hemp Program, which permits the sale of certain hemp-derived products.

However, this creates a gray area in enforcement. While the store may be legally allowed to sell these products, the individual buyer is not authorized to possess THC without the proper license. This technicality is what leads to arrests and prosecutions of consumers who legally purchased the product but lack the necessary license to possess it.

Don’t Face This Legal Challenge Alone

If you’ve been arrested for possessing a THC vape pen in Montgomery County or the surrounding areas, it’s important to consult with an experienced criminal defense attorney. At Brian Foley Law, we specialize in handling cases like this and can help you navigate the legal system to secure the best possible outcome for your future. Whether it's exploring mitigation strategies, seeking an expunction, or addressing legal defenses, we’re here to guide you every step of the way.

If you're ready to discuss your case or learn more about the legal landscape in Montgomery County, contact us for a consultation today. We’re committed to protecting your rights and helping you achieve the best possible result in your case.