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What Happens If You Get Caught with Marijuana Edibles in Texas?

 Posted on April 07, 2021 in Drug Charges

TX defense lawyerFewer drugs have been the subject of as much controversy – or as much confusion – as marijuana. State laws regarding the possession, cultivation, and sale of cannabis products vary dramatically from state to state. In Texas, cannabis or “weed” is illegal except in extremely limited circumstances. This includes all edibles and products containing the psychoactive component THC (tetrahydrocannabinol). Cookies, candy, brownies, and other products containing THC concentrates are typically penalized more harshly than marijuana and may lead to felony criminal charges and even decades behind bars.

THC Concentrates Including Oil and Wax Are Penalized More Harshly Than Marijuana

Like most states, the criminal penalties an individual faces for possession of an illicit drug varies depending on the amount of the drug in possession. The greater the amount of the drug an individual allegedly possesses, the worse the penalties. Possession of less than two ounces of marijuana is a Class B misdemeanor and possession of two to four ounces is a Class A misdemeanor. Possession of any amount greater than four ounces is a felony offense. Distribution of greater than a quarter of an ounce (or seven grams) is also a felony offense.

However, THC edibles are not penalized the same as “marijuana flower” or the physical plant material THC concentrates like hash oil or wax, the substance typically in marijuana edibles, are classified in drug penalty group two. Possession of drugs in this penalty group is penalized more harshly. Possession of less than one gram of THC concentrate can result in state jail felony charges. State jail felonies are punishable by 180 days to two years in jail and a fine of up to $10,000. Possession of one to four grams of a THC concentrate is a third-degree felony punishable by up to 10 years in prison. If you are caught with four to 400 grams of THC concentrates, you face second-degree felony charges and up to 20 years in prison. Possession of more than 400 grams, or just under a pound, of THC concentrates is a first-degree felony punishable by five to 99 years in prison and a maximum fine of $50,000.

Texas Considers the Weight of the Entire THC Product to Determine Penalties

Being charged with possession or distribution of “pot brownies” or other marijuana edibles can lead to exceptionally harsh prison sentences because Texas law considers the weight of the entire product – not just the weight of the actual marijuana contained in the product. This means that if you make a batch of THC-infused cookies that weighs a pound, you can be charged with a first-degree felony. If you share those cookies with your friends, you may face enhanced penalties for drug distribution.

Contact a Collin County Drug Crimes Defense Attorney

If you or a loved one have been charged with drug possession after getting caught with marijuana edibles, contact the Law Offices of Biederman & Burleson P.L.L.C. right away. Our skilled McKinney criminal defense attorneys have secured hundreds of acquittals and not guilty verdicts for our clients. We can help you build a strong defense again the charges. Call 469-333-3333 for a free, confidential consultation today.




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