If you're a Texas resident who enjoys THC edibles, you might be facing serious legal uncertainty. Texas law is anything but straightforward on this issue, and the consequences of being caught in possession can be life-altering. You need to know how to navigate this complex landscape.
The Blunt Truth: They Are Likely Illegal
Despite the shifting legal sands across the country, Texas maintains some of the harshest drug laws. When it comes to THC edibles, the law generally focuses not on the amount of plant material but on the chemical compound present: Tetrahydrocannabinol (THC).
In Texas, THC is classified under the Penal Code as a Group 2 Penalty Controlled Substance. This classification is crucial, as it elevates the seriousness of the charge significantly compared to possession of traditional marijuana, which is a lower-level offense.
The Key Distinction: Weight, Not Potency
Here is where the law becomes exceptionally dangerous for anyone with edibles. Unlike flower marijuana, where the charge is based on the weight of the plant itself, possession of THC edibles, vape cartridges, or concentrates is based on the aggregate weight of the entire product.
This means that if you possess a package of gummies that weighs half a pound, you are facing a charge for possessing half a pound of a Group 2 Controlled Substance—even if the actual amount of THC oil in the gummies is minimal. The aggregate weight includes all "adulterants and dilutants," which means the entire gummy, cookie, or liquid in a vape pen is weighed.
The severity of a possession charge for THC concentrate is directly tied to this weight:
Less than 1 gram: State Jail Felony (up to 2 years in a State Jail facility and a fine up to $10,000).
1 to 4 grams: Third-Degree Felony (2 to 10 years in prison and a fine up to $10,000).
4 to 400 grams: Second-Degree Felony (2 to 20 years in prison and a fine up to $10,000).
Simply put: carrying a handful of edibles is a felony offense in Texas. This is a straightforward, non-negotiable legal reality you must understand.
Texas vs. Colorado: A Critical Difference
Many people mistakenly believe that since marijuana is legal in Colorado, they are safe possessing edibles purchased there while traveling through Texas. This confidence is misplaced and can lead to severe consequences.
Texas courts do not care where you purchased the substance; they only care that you are in possession of it on Texas soil. If you bought it legally in another state, you are still facing a serious felony in Texas. Tisdell Law Firm operates in both Texas and Colorado, and we know the difference in law is night and day. We are determined to defend clients facing these charges in both states.
Your Defense Starts Now
Do not wait for the situation to escalate. If you or a loved one has been charged with or is under investigation for Possession of THC Oil or THC Edibles, you need a determined, straightforward defense immediately. The cards may seem stacked against you, but know that you have defense options.
If you’ve got weed trouble, you need a determined defense. Call Tisdell Law Firm today at (806) 216-3226 for a free consultation.