Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

Texas Drug Paraphernalia Charges

Drug paraphernalia may include any items or equipment involved in using, manufacturing, or distributing illegal drugs. Examples may include:

• Pipes and other devices used to smoke marijuana

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Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

In the state of Texas, criminal drug charges can result in severe consequences that may affect you for the rest of your life, including burdensome fines, extended imprisonment, and a criminal record that can impact your employment opportunities, immigration status, and more. Drug possession on its own is treated as a serious offense, and when you are facing charges of intent to distribute or manufacture drugs, the potential penalties are even more significant. However, it can be difficult for the prosecution to prove intent in cases such as these. That is why it is essential that you consult a skilled criminal defense attorney who can build a strong defense on your behalf. 

What Are the Penalties for Possession With Intent to Distribute or Manufacture?

You may be charged with possession with intent to distribute or manufacture a controlled substance if law enforcement believes that you are in possession of a drug for purposes other than your own personal use. In most cases, these charges can result in greater penalties than charges of possession alone under Texas law. For example, possessing 1-4 grams of cocaine is a third-degree felony with possible penalties including 2-10 years of imprisonment and up to $10,000 in fines, whereas possessing the same amount with intent to distribute or manufacture is a second-degree felony with a maximum prison sentence of 20 years in addition to a possible $10,000 fine.

While it is true that states across the nation have legalized marijuana, both medicinally and recreationally, you should know that Texas still remains one of the strictest states when it comes to drug possession enforcement. While you might think that having a small amount of marijuana in your possession is not that big of a deal, in the state of Texas, it is considered a serious criminal offense. Drug possession, in general, includes penalty groups that determine punishments depending on the controlled substance and the amount. It is important to understand the different penalties if you ever face any drug-related charges. 

Drug Possession Penalty Groups

There are four main drug penalty groups in Texas, with a few subsets. These penalty groups are determined based on the type of drugs involved. The groups are:

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: