Texas criminal law experts

By: The Adamo Law Firm

IN THIS POST

  • What Happens If You Get Caught With Edibles in Texas
  • Marijuana Flower vs. Marijuana Edibles
  • What Happens If You Get Caught With Marijuana Flower In Texas
  • What Happens If You Get Caught With THC Edibles In Texas
  • What Happens If You Get Caught With THC Oil in Texas

What Happens If You Get Caught With Edibles in Texas?

What Happens If You Get Caught With THC Edibles In Texas?

What happens if you are caught with edibles in Texas? You will be arrested and charged with a felony.

Few areas of the law are misunderstood more than marijuana laws. This is because many states have legalized marijuana. Even in states that still criminalize marijuana, large urban district attorney offices (e.g. Travis County, Harris County) have chosen not to prosecute small amounts of marijuana possession.  As the law in Texas currently stands there is a difference between THC flower (or buds) and THC edibles. 

Marijuana Flower vs. Marijuana THC Edibles

Tetrahydrocannobinol (THC) is the main psychoactive component of cannabis. Once upon a time smoking THC was the most common way to get high. In recent years and with the legalization of marijuana across a number of states, THC has become an ingredient in gummies, candies, brownies, and pretty much anything you can imagine. Despite having the same active ingredient, marijuana flower and marijuana edibles are classified differently under Texas law

Marijuana Flower is a separate category in and of itself, whereas THC edibles fall under the Texas Controlled Substance and are subject to harsher penalties. .

What Happens If You Get Caught With Marijuana Flower in Texas?

In Texas the punishment for marijuana depends on 4 factors.

1. The County you are arrested in;

2. How much marijuana was in your possession when arrested;

3. Your intended purposes of having the marijuana (possess, sell, cultivate, etc.); and

4. Prior convictions.

If you get caught with marijuana flower in Texas you can be charged from a Class B misdemeanor all the way up to first degree felony depending on the amount. 

If you are caught with a small amount of marijuana (i.e. less than 4 ounces) in Travis County you are likely to be released.

 

What Happens If You Get Caught With Marijuana THC Edibles in Texas?

If you get caught with marijuana THC edibles in Texas, the law isn’t as lenient. That is because edibles in Texas are considered a controlled substance and an often a felony.

Smaller, Texas counties, like Gillespie County, Hays County, Williamson County, are where we have seen a higher number of arrests for marijuana edibles. Forgot the edibles were in there? Doesn’t matter to the officer. 

The more disturbing part of the law in regard to edibles in  Texas is how the amount is determine.

When Texas law enforcement authorities measure the weight of a THC edible the weight includes any dilutant or adulterant (i.e. anything added). As a result, one gummy, weighing 2-3 grams on average carries a punishment range up to ten years in prison and up to a $10,000 fine.THC

What Happens If You Get Caught With THC OIl in Texas?

If you are caught with THC Oil in Texas, the oil (if not CBD) falls under the same penalty range as THC edibles. 

Get In Touch With An Experience and Qualified THC Lawyer

While edibles become more common in everyday life amongst working professionals, stay-at-home moms, students and everyone in between, the fact is when you get caught with THC edibles in Texas you are likely facing serious consequences and need an experienced THC lawyer to fight for your rights.