Texas Teen Faces Life Sentence Over Hash Oil Brownies

A 19-year-old Texan accused of making and selling brownies laced with marijuana and hash oil is facing a first degree felony charge that could land him anywhere from five years to life in prison. It was also his first offense.

19-year-old Jacob Lavoro was arrested in April when police in Round Rock, TX searched his apartment while responding to a complaint about marijuana use. The officers found 1.5 pounds of brownies, along with a pound of marijuana, digital scales, $1,675 in cash, and dozens of baggies containing both marijuana and hash oil. In the state of Texas, possession of more than 4 grams of hash oil can be enough for a first degree felony.

Williamson County prosecutor Travis McDonald says the sentencing range for Lavoro is five to 99 years or life in prison, and will depend on aggravating factors and other considerations.

Naturally, Lavoro’s family is beside themselves. “It’s outrageous, it’s crazy! I don’t understand it… If he did something wrong he should be punished to the extent that makes sense, this is illogical. I’m really upset, and I’m frightened, I’m frightened for my son.” said Joe Lavoro, Jacob’s father, in an interview with Austin TV station KEYE. “Five years to life? I’m sorry, I’m a law-abiding citizen. I’m a conservative. I love my country. I’m a Vietnam veteran, but … this is wrong!”

Jack Holmes, Lavoro’s lawyer, agrees. “I was outraged. He said, adding “I’ve been doing this 22 years as a lawyer and I’ve got 10 years as a police officer and I’ve never seen anything like this before.”

According to an affidavit filed with the court, Round Rock police seized approximately 145 grams of hash oil from Lavoro’s, in addition to the hash brownies. Hash oil is a controlled substance that carries much harsher penalties than marijuana in the state of Texas. Hash oil has higher concentrations of THC, the psychoactive component of marijuana. Its concentrated potency places it in the same penalty group with amphetamines and ecstasy.

Also, because Lavoro used hash oil, prosecutors can aggregate the weight of the hash oil brownies and charge him with manufacturing and distribution of 1.5 pounds of that category of controlled substances.

“If you dissolve cocaine into a coke, technically you could charge (Lavoro) with the weight of the coke,” Travis Country prosecutor McDonald said.

“That’s higher than the punishment range for sexual assault, higher than the punishment range for aggravated assault with a deadly weapon. It’s kind of crazy,” says Jamie Spencer, legal counsel for the Texas branch of Marijuana Advocacy group NORML. “This case is the perfect example of the insanity of Texas’ drug laws.”

So what do you think – should a 19 year old with no former arrests face felony charges over cooking and selling hash oil brownies?