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Can Possession of Marijuana Edibles in Texas Result in Criminal Charges?

Posted on in Drug Charges

Proper drug crimes defense attorney

A few years ago, hemp was legalized at the federal level thanks to a Farm Bill that enables people to cultivate, sell, and possess the hemp plant and hemp-related compounds, such as CBD (cannabidiol). In these cases, the level of THC (tetrahydrocannabinol) content found within the product must be less than .3 percent. Hemp and marijuana are both cannabis plants, but marijuana tends to contain much more THC, making it a drug that can provide its users with a high. Since the Farm Bill has made CBD products more common, and marijuana has been legalized in other states, Texas has also changed its policies. In June of 2019, Texas passed a bill legalizing hemp such that the state would be in agreement and coordination with the federal government. However, despite this new legislation, you cannot buy just any edible product that contains CBD, and possession of any product with a THC level above 0.3% could lead to potential criminal consequences. In some instances, possessing marijuana edibles could land you in jail, and some prosecutors in Texas are even issuing warnings to the public that the wrong edible could bring with it significant penalties.  

Texas Laws Related to Possession of Edibles

From a wide variety of snacks containing CBD to essential oils and other unique products, the edible market is expanding in this country, including Texas. However, if an officer seizes your edibles and the subsequent testing concludes that its THC content is above the legal threshold, then you may be charged with a state jail felony, and a conviction could result in up to two years in prison and $10,000 in fines. Here are some important things to keep in mind about possession of edibles in Texas:

  • While small amounts of edibles are often less suspicious and less likely to get seized and tested, when officers and prosecutors are considering drug charges, they are looking at the entire weight of the edible product as well as the THC content. Therefore, you might want to avoid making an entire pan of THC-infused brownies.

  • Other states are not as strict about cannabis-derived products as Texas is; in fact, many states have not only encouraged the CBD market but have also legalized marijuana for recreational and/or medical use. As a result, there has been an increase in edible possession charges that resulted from Texans traveling to states where marijuana is legal and bringing edibles or other products home that are above the legal threshold for THC in Texas. 

  • Even if you are found in possession of an edible containing more than the legal limit of THC, but that amount is barely above the legal level, having prior convictions for related—or even unrelated—charges could put you at risk for significant jail time and financial penalties. 

Contact a Collin County Drug Charges Defense Attorney

What is legal in some other states is illegal in Texas. If you have been caught with edibles or other products containing an illegal amount of THC, you will need professional legal help to fight the charges, avoid a conviction, and minimize the consequences to your life and reputation. Contact a Frisco criminal defense lawyer at 469-333-3333 for a free consultation. The experienced team at the Law Offices of Biederman & Burleson P.L.L.C. has proven success in winning these types of cases.


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