Are Edibles Legal in Texas?

They’re just THC gummies, right? They can’t be that dangerous or get me into much trouble, you might think. Think again. These small candies can get you into big trouble here in Texas. Even though these innocent-looking gummies look much safer than smoking pot, the end result is still the same – you can still get high and you can still get arrested.

Many of our border states allow marijuana (and edible) use, but bringing any of those products back here to Texas is strictly prohibited. Our drug crime laws remain as strong as ever and, in fact, an edible could even get you higher criminal charges than being caught with traditional pot.

This is because edibles typically contain THC oil or wax, which count as a concentrate and therefore fall under Penalty Group II or II A under Texas drug schedules. Under the Texas Health and Safety Code, this makes possession of even less than a gram of an edible a state jail felony.

What is an edible, exactly?

An edible is a type of food product that has been infused with cannabinoids, typically THC (tetrahydrocannabinol) from marijuana. These products are commonly consumed for their psychoactive or therapeutic effects. Edibles come in various forms, including gummies, baked goods, chocolates, beverages, tinctures, and capsules. In a nutshell, edibles offer an alternative method of consuming cannabinoids compared to smoking or vaping. When ingested, the cannabinoids are metabolized by the liver, which converts THC into a more potent form called 11-hydroxy-THC. This can lead to a more intense and longer-lasting effect compared to inhaling cannabis.

What are the penalties for marijuana possession in Texas?

Texas has some of the strictest drug laws in the United States, and possession of any amount of marijuana is considered a criminal offense.

Here are the general penalties for marijuana possession in Texas:

• Possession of 2 ounces or less
  1. Class B misdemeanor
  2. Maximum punishment of up to 180 days in jail and/or a fine of up to $2,000
• Possession of more than 2 ounces but less than 4 ounces
  1. Class A misdemeanor
  2. Maximum punishment of up to 1 year in jail and/or a fine of up to $4,000
• Possession of 4 ounces or more but less than 5 pounds
  1. State jail felony
  2. Punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000
• Possession of 5 pounds or more but less than 50 pounds
  1. Third-degree felony
  2. Punishable by 2 to 10 years in prison and a fine of up to $10,000
• Possession of 50 pounds or more but less than 2,000 pounds
  1. Second-degree felony
  2. Punishable by 2 to 20 years in prison and a fine of up to $10,000
• Possession of 2,000 pounds or more
  1. First-degree felony
  2. Punishable by 5 to 99 years in prison and a fine of up to $50,000

Texas treats possession of any amount of THC concentrates or edibles containing THC the same as possession of the equivalent amount of marijuana flower. Therefore, possessing even a small amount of THC concentrates can lead to felony charges.

Further, Texas enforces enhanced penalties for drug offenses committed in designated drug-free zones, such as schools, playgrounds, or public parks. The proximity to these areas can result in more severe penalties, including mandatory minimum sentences.

What if I bought my edibles in a legal state and brought them back to Texas?

It doesn’t matter. They’re still illegal to possess and consume in Texas.

What if I bought edibles through the mail?

It still doesn’t matter. You cannot possess or consume edibles in Texas, no matter how you obtained them. In fact, you could face more serious charges if you attempt to purchase edibles online and have them shipped to you, because you would be violating federal law.

How can a Copperas Cove drug crimes defense attorney help me?

Defending against marijuana charges in Texas can be challenging, but there are several defenses that a skilled criminal defense attorney may use to protect your rights and potentially mitigate or dismiss the charges. Some common defenses to marijuana possession charges include:

• Illegal search and seizure. If law enforcement conducted an unlawful search and seizure of marijuana or related evidence without a valid warrant or probable cause, the evidence may be suppressed, and your case could be dismissed.
• Lack of possession. One of the elements in marijuana possession cases is proving that you had actual possession of the marijuana. If it can be shown that you did not have knowledge of the marijuana’s presence or control over it, the charges may not stand.
• Medical necessity. In Texas, medical marijuana is not fully legalized, but certain medical conditions could be considered as a defense in limited situations.
• Crime lab analysis disputes. Challenging the accuracy or reliability of the crime lab analysis of the substance can cast doubt on the charges.
• Alibi. Providing evidence that you were not present at the location where the marijuana was found during the alleged time of the offense can serve as an alibi defense.
• Mistaken identity. If you were wrongfully identified as the person involved in the marijuana-related activities, the defense can challenge the identification.
• Lack of knowledge. If you were unaware that the substance was marijuana or if you were unknowingly in possession of the marijuana, it may be a valid defense.
• Plant identification. In cases of cultivation or growing marijuana, challenging whether the plant in question is indeed marijuana or another plant may be a possible defense.
• Entrapment. If law enforcement officers induced or coerced you into possessing marijuana that you would not have otherwise possessed, an entrapment defense may apply.

It’s essential to note that the specific defenses available will depend on the facts and circumstances of your case. A skilled criminal defense attorney in Copperas Cove can assess your situation, investigate the evidence, and develop a tailored defense strategy to achieve the best possible outcome for your marijuana possession charges.

Were you caught with marijuana, edibles, or both? Talk to Mary Beth Harrell Criminal Defense and DWI Lawyers today. Our legal team provides experienced criminal defense to clients throughout Central Texas and we’re here to help you, too. To schedule a free case evaluation with an attorney, call us or fill out our contact form. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.