It is no secret that the state of Texas takes drug offenses very seriously. This is especially the case when there is reason to believe that an alleged drug offender had the intent to deliver or manufacture. Therefore, if you have been charged with manufacturing drugs, possessing them, and intending to sell those manufactured drugs, understand that you are in extreme legal jeopardy. When someone is convicted on these types of charges, it is not uncommon for them to spend decades or even the rest of their natural life in prison.

Today, we will look at what it means to deliver drugs, what intent to manufacture means, and more. If you have been charged with such crimes, do not hesitate to contact an experienced criminal defense attorney well-versed in cases involving serious drug offenses. While your situation may be dire, hope is still on the horizon. Retaining high-quality legal counsel is the first step in working towards a favorable case outcome in your case.

What Constitutes Intent to Deliver? 

The Texas Controlled Substances Act explicitly states that possessing, delivering, or manufacturing a controlled substance is strictly prohibited. If this language is unclear, it means that drug dealing is strictly prohibited. It is important to understand that "delivery" means more than selling drugs, however. Delivery also includes giving another person an illegal drug, regardless of whether payment was exchanged.

There is no question that the perception of marijuana is rapidly changing across a significant number of states. However, in the state of Texas, laws regarding marijuana remain among the strictest in the nation. As a result, many employers in Texas require prospective employees to submit to a drug test before they are hired. The most common form of drug testing for employers is urine analysis. These tests, considered accurate, test for substances such as THC, cocaine, opiates, methamphetamine, and more. 

For the purpose of today’s discussion, we will focus on marijuana and the negative legal consequences that can arise if someone were to try and cheat a urine analysis test. Something that makes urine analysis testing for marijuana somewhat unfair is that marijuana can stay in your system for an extended period of time, unlike many other illicit drugs, like cocaine or heroin, which remain in the system for only a few days at most. As a result, many people resort to using products like synthetic urine to beat a marijuana urine analysis test because of the time it takes to leave one’s system. If you have been arrested for a marijuana-related offense or fabricating the results of a urine analysis test, contacting an experienced criminal defense attorney may be wise to avoid a detrimental conviction. 

Fundamental Marijuana Laws in Texas

Marijuana and all its associated forms like edibles, concentrates, and flower, no matter how small the amount, remains illegal in Texas. For instance, possessing two or fewer ounces of marijuana is considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $2,000. 

We are currently living in very interesting times regarding the topic of marijuana in the United States. While various states have passed laws considered more lenient towards marijuana, even in some cases legalizing the recreational use of the drug, many states, including Texas, still prohibit marijuana and virtually all its forms in the strongest possible terms. Today, we will look at the laws in Texas regarding marijuana in edible form. 

However, if you live in Texas and have been arrested on a marijuana-related charge, you would be wise to contact an experienced criminal defense attorney to help ensure your rights remain protected and that a positive outcome can be pursued in your case. 

What Is the Law for Cannabis Edibles?

In case you are unfamiliar, the psychoactive chemical in marijuana flower, THC, is frequently extracted as a concentrate and infused into various foods, like cookies, brownies, beverages, and so on. In Texas, the law for marijuana edibles is substantially different than marijuana flower. The Texas Controlled Substances Act categorizes THC products under penalty group two, meaning that possessing THC edibles is considered to be a more serious offense than possessing marijuana flower. For example, if caught with less than four ounces of marijuana flower in Texas, this is considered a misdemeanor offense. However, if you are caught with less than one gram of marijuana concentrate like found in edibles, the charge is escalated to a felony, punishable by up to two years in prison and fines up to $10,000.

In Texas, possession of marijuana, cannabis, or THC edibles is still illegal. Texans can face significant consequences, including incarceration, for possession, distribution, or cultivation of marijuana. Tetrahydrocannabinol (THC) is the substance found in marijuana that causes the psychoactive effects of the drug. Some people extract THC and mix it into foods such as cookies or brownies. Serving a pan of so-called "pot brownies" at a party may seem harmless. However,  in Texas, it is a crime that can result in life-changing consequences.

Texas Laws Regarding Foods Containing THC 

THC concentrate or resin is treated differently under Texas law than marijuana flower. The Texas Controlled Substances Act classifies THC products to be in penalty group two. While possession of less than four ounces of marijuana flower is a misdemeanor offense in Texas, possession of even a very small amount of THC concentrate is a felony offense. 

Less than one gram of THC concentrate in a gummy candy or baked good may lead to state jail felony charges punishable by up to two years in jail and fines up to $10,000. If you are accused of possessing one to four grams of THC concentrate, you face up to ten years in jail and a maximum fine of $10,000. Possession of four to 400 grams is a second-degree felony. Possession of more than 400 grams of THC is a first-degree felony punishable by 5-99 years in prison and a maximum fine of $50,000.

When it comes to the legality of marijuana and cannabis products, state laws vary wildly. In Texas, the use, sale, or cultivation of marijuana is illegal. Medical marijuana containing low levels of THC is available for certain individuals diagnosed with medical conditions like epilepsy. However, medical marijuana users must receive a prescription from a physician and get the marijuana product from a licensed dispensary.

Regular Texans are prohibited from selling or otherwise distributing marijuana flower or THC products like edibles. If you or a loved one were charged with marijuana distribution, seek advice from a drug crimes defense lawyer right away.

Collin County Marijuana Distribution Charges

Selling even a small amount of marijuana flower, edibles, or other cannabis products can lead to criminal charges in Texas. The severity of the charges depends on the amount of cannabis allegedly sold.