How does Texas treat marijuana edible possession cases?

On Behalf of | Jan 18, 2019 | Drug Possession

The use of marijuana in many forms — both medicinally and recreationally — has gained favor throughout the United States. However, its use is still very limited in Texas.

That’s bad news if you happen to be heading home from a recent trip to Colorado (where you can obtain just about every kind of marijuana product available) with a bag full of edible marijuana gummies or lollipops. In fact, you need to be aware of the fact that Texas does not treat all marijuana products in the same manner. Those edibles can land you in far more trouble than the raw herb.

If you’re caught with marijuana in its raw form, you’ll probably be charged with misdemeanor possession. Anything under four ounces is considered a misdemeanor crime — and four ounces of marijuana is a lot for personal consumption.

Possession of anything above four ounces, however, is a felony. This is where things get legally complicated where edibles are concerned. Edibles contain tetrahydrocannabinols (THC), the active ingredient in raw marijuana, but according to the 1989 Texas Controlled Substance Act, the possession of edibles is treated as possession of  a controlled substance — not marijuana. A single gummy bear with THC could lead to a felony conviction and up to 2 years in prison. 

In addition, the total weight of the edibles is used to figure the charges and penalties, not just the THC inside the edibles. A bag of THC cookies, for example, could net you up to 20 years in prison.

In the popular mindset, edible marijuana is less scary than the kind that’s smoked. In the legal arena in Texas, however, edibles are a bugbear that the law is determined to prosecute as harshly as possible.

Have you been charged with a crime in connection with marijuana or marijuana edibles? Don’t take risks with your future. Talk to an attorney who has experience handling drug possession cases today.

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