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.
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.
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.
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
- Multiple sclerosis
- 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.
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.