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.

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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.

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If you are like most people, you probably have questions about the legality of cannabis and cannabis-related products in Texas. Public opinion on cannabis has changed dramatically in the last several decades and more and more states are decriminalizing or fully legalizing marijuana products. In some states, only individuals with a valid medical marijuana card are permitted to possess and consume cannabis. In other states, any adult may possess a moderate amount of marijuana flowers, edibles, or other marijuana-containing products. Delta-8 products and CBD products are considered to be different substances than traditional cannabis. However, the legality of these products has also been subject to controversy and confusion.

What is the Difference Between CBD, Delta 8, and Delta 9?

Cannabis is a plant that contains over 100 chemical compounds called cannabinoids. THC (tetrahydrocannabinol) is the component of marijuana that produces the psychoactive effects, or “high” marijuana is known for. However, other compounds in marijuana and hemp plants do not produce any psychoactive effects. CBD (cannabidiol) has been shown to help with certain medical conditions without producing the “high” of THC.

Currently, CBD products are legal in Texas. However, THC-containing products are almost entirely illegal. The Compassionate Use Program allows certain individuals with severe medical problems to consume marijuana products with low levels of THC.

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The legality of marijuana varies dramatically across the United States. In some states, adults can freely buy and consume marijuana flower and marijuana products like edibles. However, Texas still classifies marijuana as an illegal drug. You can face criminal charges for possessing, cultivating, or distributing cannabis or cannabis products in Texas.

Penalties for THC Food in Texas

The penalties for possessing marijuana are based on the quantity of the substance allegedly in your possession. Possession of a few grams of marijuana is punished less harshly than possession of a few pounds of the substance.

Tetrahydrocannabinol (THC) is the component of marijuana responsible for the marijuana “high.” Some people consume THC by eating it. THC may be added to candies, cookies, brownies, and other foods.

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Having a drug crime on your record can leave you under the weight of a heavy stigma. Regardless of the circumstances of your alleged offense, you may struggle with being stereotyped based on a drug conviction for the rest of your life. Drug possession crimes are very serious in Texas, often being charged as a felony even for a first offense. By working with a skilled attorney, you may be able to develop a strong defense and avoid overly harsh penalties. If you have been charged with a drug possession crime, it is important that you take the matter very seriously and contact a lawyer as soon as possible.

What Are Some Defense Strategies to Drug Possession Offenses in Texas?

Being caught with illegal drugs in Texas could lead to serious prison time, even for simple possession in some cases. Developing a strong defense strategy is extremely important to avoid the harsh criminal penalties our state is notorious for. Defense strategies that may succeed in some cases include:

• Fourth Amendment - The Fourth Amendment protects against unlawful searches and seizures. Drugs are generally found during a search. An attorney can assess the facts of your case to determine whether the search was potentially unlawful. If the search that turned up the narcotics was illegal, the case will likely be dismissed.
• Improper testing - To prove its case, the state should have the alleged narcotics tested in a lab to verify that they are what the state says they are. Proper procedures must have been followed, including correct handling and chain-of-custody documentation from the moment the drugs are found until they are tested. An error could invalidate the test.
• Unaware of drugs - Occasionally, people will legitimately be in actual possession of narcotics without having knowledge of their presence. For example, you may have borrowed your friend’s car while yours was in the shop and had no idea that there was a baggie of marijuana in the trunk. Or, your grandma may have dropped a narcotic painkiller on your floor while visiting you. In this type of situation, you had no intent to unlawfully possess a drug and should not be found guilty.
• Legal possession - People are sometimes lawfully prescribed narcotic substances that would be illegal to possess without a prescription. Confusion can sometimes occur when a patient is carrying their medication without the bottle it came in or other easily produced evidence that they are supposed to have the drug, leading to mistaken arrests. For Compassionate Use Program patients carrying low-THC products, it is possible to get arrested in error.

The defense strategy that may work best for you will depend heavily on all the facts and circumstances of your case. An attorney will need to carefully assess your situation to determine how best to defend you.

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