According to Round Rock police, officers found 1.5 pounds of brownies, along with a pound of marijuana, digital scales, $1,675 in cash and dozens of baggies with marijuana and hash oil at Jacob Lavoro’s apartment last month. Police were responding to a complaint about marijuana use.
Lavoro was arrested but is out of jail on a $30,000 surety bond.
His father, Joe Lavoro, said he was shocked at how much prison time his son could face.
“It’s outrageous, it’s crazy! I don’t understand it,” the father told Austin TV station KEYE.
“Five years to life?” he continued. “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!”
However, the prosecutor who is handling noted that sentences can vary depending on aggravating factors and other considerations, and that a plea deal is always possible.
“First-time offenders are treated differently. As far as I know, he is a first offender,” Williamson County prosecutor Travis McDonald told The Associated Press on Tuesday.
McDonald noted that possessing 4 grams of hash oil is enough for a first-degree felony charge. According to an affidavit filed with the court, Jacob Lavoro had 145 grams of hash oil, in addition to the brownies.
Hash oil is a controlled substance that carries much harsher state penalties than marijuana. The oil has higher concentrations of THC, the psychoactive component of marijuana. It’s in a penalty group with amphetamines and ecstasy.
Also, because Lavoro used hash oil, prosecutors can aggregate the weight of the brownies and charge him with manufacturing and distribution of 1.5 pounds of that category of controlled substances, McDonald said.
That means, for example, that “if you dissolve cocaine into a coke, technically you could charge him with the weight of the coke,” McDonald said. However, he added, “I don’t think I would.”
Lavoro’s lawyer, Jack Holmes, told KEYE the first-degree offense should be changed to a misdemeanor. Calls the AP made to his office Tuesday went unanswered.