As the main component of marijuana that provides psychoactive effects, THC is also included in edibles. THC oil is found in gummies, brownies, and other edible items. While it is the same as what is found in marijuana plants, Texas imposes harsher penalties under criminal law.
Marijuana and THC products in Texas are subject to greater scrutiny, though products that contain THC are classified with other controlled substances. If you are facing these criminal charges, you will want an experienced criminal defense attorney on your side.
Let a defense lawyer from Tisdell Law Firm provide the expertise you need for your marijuana-related charges. We are committed to helping clients navigate the complexities of the law surrounding marijuana and THC. If you have been arrested for having THC edibles, contact us today for a free consultation with a possession defense attorney.
Can Edibles Be Consumed Legally in Texas?
All forms of THC products from marijuana itself to the waxes, oils, sugars, and powders that can be made into edibles or sprinkled into food are considered a drug and are illegal in Texas. Texas law is incredibly harsh on possession. One THC product that weighs less than 4 grams could have you facing prison time of anywhere from 180 days up to two years.
The Texas Health and Safety Code has defined laws on all types of marijuana, cannabis, and THC, making it a crime to possess any of them unless you have a medical marijuana card. By contrast, products that do not contain THC, such as CBD, are legal in the state and are not considered drugs.
Overview of Penalties for Possession of THC
The current laws in Texas mean that THC is prosecuted more harshly than marijuana itself. An arrest for THC possession is usually charged as possession of a controlled substance in penalty group 2, a charge reserved for drugs like methamphetamine. The degree of your charges will depend on the weight of the THC in your possession at the time you were arrested.
Since THC is considered a harsher drug, your potential sentence will be more severe than for other drugs. If you are found in possession of less than one gram of usable marijuana, it is a class B misdemeanor with penalties that could result in 180 days in jail and up to $2,000 in fines. However, possession of less than one gram of THC in the form of edibles or a vape pen is considered a state jail felony, punishable by six months to two years in a state facility and up to $10,000 in fines.
Here is a look at how Texas punishes possession of THC edibles.
State Jail Felony
A state jail felony is possession of less than a gram of THC can result in six months to two years in a state jail and up to $10,000 in fines.
Third Degree Felony
If you possess between 1 gram and 4 grams of THC, it is a third-degree felony charge. This could mean a prison sentence of two to 10 years and up to a $10,000 fine.
Second Degree Felony
You may face a second-degree felony if you possess between 4 and 400 grams of THC. This is punishable by two to 20 years in prison and a $10,000 fine.
First Degree Felony
A first-degree felony may result in five years to 99 years or life in prison with a $10,000 fine. This is the punishment for THC in quantities of 400 or more grams.
How Our Law Offices Can Help You in Your Cannabis Defense
If you are facing charges in Amarillo, Texas, you need a defense attorney with legal specialization in possession of marijuana and THC edibles to keep your criminal record clean. Even though edibles contain THC just like marijuana, they are considered another type of drug and can lead to a harsher sentence than possession of marijuana.
THC is not legal in Texas. The court will treat THC with the same severity as other drugs. You need a Texas board-certified lawyer to provide legal representation if you are accused of having higher concentrations in your possession. Contact an attorney from Tisdell Law Firm today to fight these possession charges of THC.
