Given the changing social attitudes about marijuana, THC edibles are popping up all over the place — but not in Texas.
Texas hasn’t gotten on the bandwagon toward either decriminalization or legalization where marijuana is concerned, and it’s a mistake to think that all THC products are treated alike. Frankly, any marijuana charge is serious — but you’re probably better off if you get caught with a baggie of dry bud in your pocket than you would be if you’re caught with a package of edibles.
What’s the difference between being caught with dry herb and edibles?
Essentially, under Texas law, the issue comes down to two things: The weight of the illegal substance in your possession and its form.
If you’re caught with two ounces or less of dried marijuana bud or leaf, you face no more than 180 days in the county jail and a fine of no more than $2,000. While not great news, it does mean that you’re only looking at a misdemeanor drug charge, not a felony.
Get caught with even a single edible in your possession, and you’re subject to an entirely different set of rules, including a felony charge. It doesn’t matter if the edible is a tincture, an oil, a gummy bear or a lollipop: You’ll face no less than five years in prison and you can be fined as much as $50,000.
But here’s another thing to consider: The more marijuana that’s found in your possession, the greater the charges you will face — and when weight is calculated, the weight of the entire edible is considered. That factor alone is likely to boost the charges for edibles.
If you’re facing charges related to marijuana possession of any kind, do yourself a favor and exercise your right to remain silent. Then, call an experienced defense attorney right away.