Possession of these pens and substances can trigger felony charges according to Texas law. The Austin Hagee Law Firm highlights details and shares how they can help.
SAN ANTONIO, TX – August 18, 2025 – A recent blog post published by the Austin Hagee Law Firm reveals a critical and often overlooked legal hazard. Possession of a THC vape pen or dab pen, even when only trace amounts, can automatically result in felony charges under Texas law. The firm’s latest article, “Caught with a Vape Pen in TX? Learn About Case Dismissal,” outlines the severe legal risks and provides five practical defense strategies aimed at helping individuals get their cases dismissed.
Under Texas statutes, any THC concentrate, including oils and resins found in vape and dab pens, is classified as a Penalty Group 2 controlled substance, and its possession is a state jail felony, regardless of the amount. Traditional notions of personal use protection or minor quantities do not apply, meaning that even a single vape pen can trigger serious legal repercussions. According to the blog, there are five primary strategic defenses that can help. Here is a quick overview:
- Challenging search legality
- Scrutinizing lab testing protocols
- Pretrial diversion programs
- Questioning possession and ownership
- Lack of intent
In the blog, you can find vital resources for individuals facing THC pen-related charges in Texas.
“Many people, especially young adults, don’t realize that a single vape cartridge can be prosecuted as a felony in Texas,” said Austin Hagee, owner of Austin Hagee Law Firm. “We’re seeing cases where first-time offenders face life-altering charges for something they thought was minor or even legal in other states. Our goal is to help clients navigate the legal system and fight for the best possible outcome because we believe everyone deserves another chance.”
The Austin Hagee Law Firm focuses exclusively on criminal defense throughout Texas. They handle everything from drug charges and DWIs to felony offenses. The firm brings extensive courtroom experience and personalized legal strategies to each case, aiming to protect clients’ futures and fight for dismissals, reduced charges, or alternative resolutions.
Located in San Antonio, the firm serves clients across Central and South Texas and offers free consultations for individuals facing criminal allegations. Whether defending students, young professionals, or working adults, the firm is known for its clear communication, aggressive advocacy, and focus on client outcomes.
You can learn more about Austin Hagee Law Firm on their website at https://austinhageelaw.com/ or even schedule a free consultation. Reach out directly to the firm with any specific questions.
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