Category Archives: THC

Drug Possession Laws Across State Borders: What You Need to Be Aware Of

While THC is legal in many other states, it’s not yet legal in Texas. At Lee & Wood, we often hear from people who bought legal THC edibles or gummies for recreational purposes when on vacation and then forgot and brought them home.

We also know that our highway patrol often pulls over Texans on their way back from Oklahoma and Colorado, where they legally purchased medical marijuana. As a result, people who would never deliberately break the law are facing serious drug charges.

Crossing State Lines Can Mean Federal Charges

What’s legal in other states can lead to severe consequences in Texas. When an act takes place solely within Texas borders, it’s considered to be a state crime. However, if the act involves crossing state lines or the border with Mexico, it becomes a federal drug crime.

So, if you’re caught with drugs you transported across state lines, you could face charges for federal crimes that are independent of any state laws that you allegedly violated. This means serious trouble.

Drug Possession vs. Drug Trafficking Charges Depend on Drug Amounts

Prosecutors decide what the charges will be based on the facts of the case. When small amounts of drugs are found, they often charge defendants with drug possession.

When large amounts of drugs are found, they often infer that the drugs were intended for sale. They then charge defendants with the far more serious crime of drug trafficking.

Bringing Legally-Purchased THC Products Into Texas Can Be a Felony

Because marijuana has been legal in places like Colorado for so long, many Texans forget that bringing THC products back to Texas can get them in serious trouble. In Texas, if you’re caught bringing THC concentrates such as oils, waxes, shatter or dabs into our state, you could face felony charges.

The charges and fines involved increase with the amount of THC a person is caught with. Possession of less than a gram is a state jail felony, punishable by 180 days to two years in jail. It’s also punishable by a fine of up to $10,000.

Larger amounts of THC are punishable with increasing amounts of prison time. If a person is caught with a large amount of THC (200 to 400 grams), they could face up to 99 years in prison in addition to the $10,000 fine.

Need Help? Call An Experienced Criminal Defense Lawyer.

People often find themselves in trouble for drug crimes in Texas without ever realizing the consequences were so serious. This is especially true when the crime involves taking marijuana or THC across state borders. If you’re in trouble, get legal help now.

Call 817-678-6771 or send us a message online to request a free consultation with the attorneys at the Fort Worth law office of Lee & Wood, LP.

What to Know About THC Concentrates in Texas

Marijuana, specifically the THC component, is a hot topic in the United States. It’s been debated by politicians, and people often take strong stances on the morality of the drug. But since there is no firm consensus at the federal level on THC, the result is that there are inconsistencies from state to state over what’s legal and what isn’t.

Some states have it completely outlawed while others have it entirely legalized for recreational use. And other states, like Texas, allow it for medicinal purposes in low doses, but not recreationally.

What is a THC Concentrate?

Tetrahydrocannabinol (THC) is a cannabinoid and the main psychoactive ingredient of marijuana. If a cannabis product is manufactured with a high concentration of THC, it’s considered to be a THC concentrate. A couple of examples of THC concentrate would be hash and cannabis tinctures.

Are THC Concentrates Illegal in Texas?

Yes, THC concentrates such as oils, waxes, shatters and even gummies are illegal in Texas. Since they’re considered by state law to have a high potential for abuse and are unusable for medical purposes, they’re given Schedule I classification.

Penalties for possessing THC in Texas have a dramatic range. If a person is caught with less than one gram, they could face a fine of up to $10,000 and up to two years in prison. Even if a person is caught with a single vape pen containing THC, they could face up to two years in prison.

And that’s just on the low end of the spectrum. On the high end, a person caught with over 400 grams faces a fine of up to $100,000 and a prison sentence of up to 99 years.

There is a lot of middle ground, and sentencing varies based on the individual’s criminal background, but the main point is that the sentencing can get very severe even for those who aren’t distributing the drug. If a person is convicted of trafficking THC concentrates, the penalties will be much more severe.

Charged With Possession of THC Concentrates in Texas? Get Help From Our Attorneys

If you’ve been charged with possession of a THC concentrate or another drug crime, you’ll need the help of an experienced attorney. The drug crimes defense lawyers at Lee and Woods, LP have helped many people across Texas and will fight by your side to help you get the best possible outcome.
Call 817-678-6771 or send us a message online to schedule an initial consultation appointment.

What Happens if You’re Caught With Weed Edibles in Texas?

Whether it’s inhaled from a vape pen or consumed as an edible, it’s still illegal to possess THC in Texas. Anything that isn’t leafy marijuana is a criminal charge of felony drug possession. And if you share your edibles with friends, you can be charged with drug distribution. Here’s what happens if you are charged with possession of cannabis concentrates.

Texas Law on Weed Edibles

Weed edibles contain tetrahydrocannabinol (THC), which is the main psychoactive component in marijuana. While it occurs naturally in marijuana, it’s also become an ingredient in many other products—from brownies to candy to gummies. You can see an incredible assortment at many high-end dispensaries, which are legal in other states.

While both contain the same psychoactive component, Texas law places marijuana and THC edibles in two different legal categories. Possession of fewer than four ounces of marijuana is a misdemeanor offense. However, edibles are classified with other controlled substances and are subject to harsher penalties.

The Consequences of Getting Caught With Marijuana Edibles

If you are caught with weed edibles, you could be subject to charges that include:

  • Felony drug possession: Under Texas Health and Safety Code § 481.116, people who possess less than one gram of a THC edible can face a state jail felony charge. For smaller amounts, a person can face between 180 days and two years in state jail. For larger amounts, a person can face between 15 and 99 years in prison. They may also face a maximum fine of up to $100,000.
  • Drug distribution: A person charged with drug distribution in Texas can face anywhere from 180 days in jail to a life sentence. They may also face fines up to $25,000.

What About Medical Marijuana?

Texans with certain medical conditions may qualify for the state’s Compassionate use program (CUP), which allows them access to medical marijuana. Certain physicians can prescribe low-THC cannabis for medical purposes, and qualifiers are limited to swallowing the prescribed dose.

CUP applies to people with the following medical conditions:

  • Amyotrophic lateral sclerosis 
  • Autism
  • Epilepsy
  • Multiple sclerosis 
  • Spasticity 
  • Seizure disorders
  • Terminal cancer 
  • An incurable neurodegenerative disease

If medical marijuana is legally purchased over the Texas border, such as from Colorado, you may still be charged with possession. In this case, you’ll need the help of a skilled lawyer to help you navigate the situation and prepare a strong defense.

Charged With Possession of Weed Edibles? We Can Help.

If you have been charged with a crime related to weed edibles, get help as soon as possible. Acting quickly gives your lawyer more time to act in your defense and protect your rights. To get started, call us today at 817-678-6771  or send us a message for a confidential consultation with the Fort Worth lawyers at Lee and Wood, LP.