If I take 1 gram of hash oil and mix it (dilute it) into 500 grams of brownie mix, eggs, water, vegetable oil, etc., I now have 501 grams of a controlled substance. Not 1 gram, but 501 grams. I have taken a low-level felony and made it into a first degree felony.

...In Texas, if it is proven beyond a reasonable doubt in court that someone manufactured, delivered or possessed with the intent to deliver hash oil – including any adulterants or dilutants – in an amount of more than 400 grams, then that person can face anywhere from 10 years to 99 years or life in prison or they may be eligible for a term of community supervision (probation) not to exceed ten years.

Since he's eligible for probation, there's no mandatory minimum sentence here, just an outrageous potential penalty. While hash oil contains a higher concentration of THC than marijuana, the difference isn't significant enough to warrant such disparate treatment. Jacob only used a few grams of hash oil to make his baked goods.

The DA is right about one thing:It's the legislature that makes the law.

Asking a prosecutor to use discretion is always hit and miss and can lead to disparate treatment. A legislative fix is what's needed. (In Colorado, if Jacob were 21, his hash brownies would have been legal.)