Up in Smoke

Speeding Leads to Felony Drug Charges

By Will Johnson
Messenger Reporter

 HOUSTON COUNTY – In a semi-ironic twist, an alleged “stoner” was pulled over for speeding and wound up going to jail on a second degree felony.

Twenty-three year old William Terry Yarberry, from Indiana, was pulled over on Monday, May 21 by Texas Department of Public Safety (DPS) Trooper Kody Wooley after the trooper clocked Yarberry doing 69 mph in a 55 mph zone.

According to an arrest warrant filed by Woolley, “I activated the emergency lights on my patrol car and initiated a traffic stop and identified the driver as William Terry Yarberry. I observed a glass and metal capsule containing a yellowish oil located near William’s cup holder. I asked William what he was smoking. William informed me was in possession of THC oil.”

THC, or tetrahydrocannabinol, is the chemical compound in marijuana responsible for the “high” users feel after smoking or ingestion.

Following Yarberry’s admission concerning the THC oil, the state trooper searched Yarberry’s vehicle and discovered two packages.

“I conducted a vehicle search and observed a second glass and metal capsule in the glove box. The capsule was still in its package. The package was labeled DABNAP Concentrates – THC 90.61 percent. I observed a second package that was opened and empty. The second package was labeled DABNAP Concentrates – THC 92.08 percent,” Woolley stated in the affidavit.

The law enforcement officer also discovered a chocolate bar during his search of the vehicle. Among the ingredients listed on the candy bar’s packaging were hemp seeds and cannabis extract.

“My training and experience led me to believe William was in possession of marijuana edibles and THC oils, substances listed in penalty group two,” the affidavit indicated.

Yarberry was arrested and transported to the Houston County Jail where he was booked into custody on one count of possession of a controlled substance, penalty group two, in an amount equal to or greater than four grams but less than 400 grams.

Under Texas law, this offense is considered as a second degree felony.

According to Section 12.33 of the Texas Penal Code, “An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than two years. In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.”

Yarberry’s Bond was set at $20,000. It was posted and he was released pending further legal proceedings.

Will Johnson may be reached via e-mail at [email protected].