GEORGETOWN (August 26, 2014) Prosecutors have dropped a first-degree felony drug charge against a Round Rock teenager accused of making and selling brownies that were laced with marijuana and hash oil.
Jacob Lavoro, 19, could have been sentenced to life in prison if he had been convicted of the first-degree felony, but he still faces a second-degree felony drug possession charge that carries a punishment of as much as 20 years in prison and a possession charge that carries a penalty of as much as two years in state jail.
A Williamson County grand jury returned indictments last week on the two counts, which Assistant District Attorney Mark Brunner called more straightforward.
Lavoro's attorney, Jack Holmes, says he and his client's family are grateful for the dismissal.
Lavoro, was booked into the Williamson County Jail on April 14 and was charged with manufacture and delivery of a controlled substance over 400 grams after Round Rock police searched his apartment and found 1.5 pounds of brownies as well as marijuana and hash oil.
Lavoro was charged with a first-degree felony because hash oil was used in making the brownies.
Under state law hash oil is in a group of illegal drugs the amount of which is determined by aggregate weight including “adulterants or dilutants,” which in this case would apply to the ingredients used to make the brownies themselves.
Hash oil has higher concentrations of the psychoactive component of marijuana and is in the same penalty group as amphetamines and ecstasy.
The sentencing range for a first-degree felony is 5 to 99 years or life in prison, but sentences can depend on aggravating factors and other considerations.