Tetrahydrocannabinol (THC) is the primary psychoactive chemical in cannabis. THC concentrates come in many forms, including butane hash oil (BHO) and concentrates are known colloquially as “wax,” “shatter,” or “budder.”
Most THC concentrates have much higher concentrations of THC than the actual plant form of marijuana. THC concentrates can also involve more serious penalties than actual cannabis.
Defense Attorney for THC Concentrates
Were you arrested in Wake County for any kind of criminal offense involving THC concentrates? Do not say anything to authorities until you have first contacted Coolidge Law Firm.
Raleigh criminal defense attorney David Coolidge represents clients accused of marijuana crimes in communities all over Wake County, such as Fuquay-Varina, Cary, Knightdale, Apex, Holly Springs, Garner, and many others. You can have our lawyer review your case and answer all of your legal questions when you call to schedule a free initial consultation.
Wake County THC Concentrates Information Center
- THC Concentrate Possession Penalties in North Carolina
- CBD Products Containing THC
- THC for Epilepsy in North Carolina
- North Carolina THC Concentrates Resources
While oil and wax are two of the most common kinds of products infused with THC, several other types of items could also use THC concentrates. In addition to edibles such as brownies, chocolates, or gummies, people may also purchase THC-infused lip balms, massage oils, or shampoo. People who legally purchase these products in other jurisdictions where such products are legal can be surprised to learn they are prohibited in North Carolina.
Marijuana and THC are both classified as Schedule VI controlled substances under North Carolina General Statute § 90-94. While possession of a controlled substance in Schedule VI is typically a Class 3 misdemeanor, North Carolina General Statute § 90-95(d)(4) establishes that when the quantity of a controlled substance exceeds one-twentieth of an ounce of the extracted resin of marijuana, commonly known as hashish, it is a Class 1 misdemeanor.
When the quantity exceeds three-twentieths of an ounce of the extracted resin of marijuana, or if the controlled substance consists of any quantity of THC isolated from the resin of marijuana, the crime is a Class I felony.
7 grams or less of a THC concentrate is a Class 3 misdemeanor punishable by a fine of up to $200. Repeat offenses are punishable by up to 20 days in jail.
More than one-twentieth of an ounce of the extracted resin of marijuana is a Class 1 misdemeanor punishable by a discretionary fine and up to 45 days in jail for a first offense or up to 120 days in jail for any subsequent offense. More than three-twentieths of an ounce of the extracted resin of marijuana is a Class I felony punishable by up to 12 months in prison, depending on the alleged offender’s criminal record.
North Carolina General Statute § 90-94.1(a) states that hemp extract is an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that satisfies all of the following:
- Is composed of less than 0.9 percent THC by weight;
- Is composed of at least 5 percent cannabidiol (CBD) by weight; and
- Contains no other psychoactive substance.
North Carolina General Statute § 90-94.1(b) states that an individual can possess or use hemp extract without any penalty if he or she satisfies all of the following criteria:
- Possesses or uses the hemp extract only to treat intractable epilepsy;
- Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract’s ingredients, including its percentages of THC and CBD by weight; and
- Is a caregiver.
Intractable epilepsy is defined under North Carolina General Statute § 90-113.101(6) as a seizure disorder that, as determined by a neurologist, does not respond to three or more treatment options overseen by the neurologist. North Carolina General Statute § 90-113.101(1) defines a caregiver as an individual who is at least 18 years of age and a resident of North Carolina who is a parent, legal guardian, or custodian of a patient and is registered with the Department of Health and Human and Services who possesses a written statement dated and signed by a neurologist that states all of the following: The patient has been examined and is under the care of the neurologist; The patient suffers from intractable epilepsy; and The patient may benefit from treatment with hemp extract.
Many CBD oils and related products are advertised as not containing THC, but the North Carolina State Bureau of Investigation (NCSBI) has said that special agents with its Alcohol Law Enforcement (ALE) Division have taken samples to state crime labs for testing and chemists have found THC regardless of such advertising. People can face THC concentrate charges for completely unknowing possession in these cases, and such individuals should immediately seek legal representation.
On July 3, 2014, Governor Pat McCrory signed House Bill 1220 (HB 1220), otherwise known as the “North Carolina Epilepsy Alternative Treatment Act,” a bill authorizing certain academic institutions in North Carolina to conduct research on hemp extract development, production, and use for the treatment of seizure disorders and to participate in any ongoing or future clinical studies or trials.
The bill specifically defined hemp extract as a cannabis extract that is composed of at least 10 percent CBD—the chemical in marijuana that is devoid of psychoactive activity—and no more than 0.3 percent THC. This definition is different from the one provided under North Carolina General Statute § 90-94.1(a), which allows for more THC and requires less CBD. However, it must be clear that medical marijuana is not legal in the state of North Carolina.
ALE Cautions Teachers, Parents on Teens Using Flavored Vapors and THC Candy | NCSBI — View the October 2017 NCSBI press release that discusses the aforementioned issue relating to THC in CBD oils and products. The press release coincided with concerns about possible THC-infused candy near the Halloween holiday. You can find additional information about ALE and other divisions of the NCSBI on this website.
Spotlight: The State of Concentrates | Cannabis Business Times — According to this June 2017 article in the Cannabis Business Times, concentrates have been the No. 2 area of cannabis sales, after flower, since recreational marijuana was legalized in Colorado, Washington, and Oregon. The article states that concentrates grew by 83.9 percent during 2016 between those three states, with sales of $498.4 million. Concentrates accounted for 21 percent of the overall cannabis market in 2016, compared to 18 percent in 2015.
Find a THC Concentrates Defense Attorney!
If you were arrested for possession of a THC concentrate in the Research Triangle, it will be in your best interest to immediately retain legal counsel. Coolidge Law Firm represents residents of and visitors to Morrisville, Wendell, Zebulon, Raleigh, Wake Forest, Rolesville, and many surrounding areas of Wake County.
David Coolidge is an experienced criminal defense lawyer in Raleigh who also represents students at local colleges such as the University of North Carolina at Chapel Hill (UNC), William Peace University, North Carolina State University (NCSU), Shaw University, Duke University, and Wake Technical Community College (Wake Tech). Call (919) 239-8448 or complete an online contact form below to have our attorney provide an honest and thorough evaluation of your case during a free, confidential consultation.