Q: Can first time offenders felony charge with the pen with THC that was bought at a smoke shop be charged with that felony
A:
Yes, possession of any quantity of THC in Texas is a felony unless it falls within the "hemp" exception. The legal definition of "hemp" requires that it have a concentration of delta-9 THC that is not more than 0.3% on a dry weight basis.
It is very important that you hire an attorney in or near the county where your case is pending who practices in the area of criminal defense law with specific experience in cannabis & marijuana cases. There are challenges, particularly in securing laboratory testing of the substance you possessed, but such attorneys have had some success in getting such cases dismissed entirely or getting defendants into diversionary programs such that a felony conviction will not appear on their criminal record.
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