As a nation, our relationship with marijuana and THC-infused products like gummies has changed dramatically over the past decade. While attitudes have evolved and restrictions have loosened considerably, Texas goes its own way, and being in possession of THC gummies in the Lone Star State can get you in a lot more trouble than you may realize.
If you are facing a possession charge involving gummies – or any other controlled substance – it’s time to consult with an experienced Round Rock criminal defense attorney.
Edibles Don’t Mitigate Your Liability
Many people are under the mistaken belief that they can’t really get into legal trouble for having gummies or other edibles on them. While being in possession of marijuana is clearly a crime, a lot of people think edibles are a gray area, but they definitely are not in the State of Texas.
The gummies in your pocket may be completely legal a state or two over, but they are decidedly not in Texas, and you could face serious legal and social consequences as a result. While you are welcome to purchase and consume edibles in the states where they are legal, the moment you bring them with you into Texas, you’re on the wrong side of the law.
This is a confusing concept, but it’s one that you shouldn’t lose sight of.
You should also know that Texas takes a harsher stance against edibles than it does when marijuana flower is involved. In fact, possession of THC gummies and other edibles begins as a state jail felony, which is in contrast to a first offense for a small amount of marijuana, which is a Class B misdemeanor that carries considerably lower fines and penalties.
THC vs. Marijuana
THC refers to a cannabinoid that is derived from cannabis, and it is the primary psychoactive in the marijuana plant.
Generally, marijuana is smoked or vaped, but THC can be consumed in oil form, which can be used in edibles of all kinds. THC oil is often sold separately in the states where it’s legal, and as such, consumers can add it to their own food and drinks in whatever ways they choose.
Marijuana takes up more space, is easier to identify, and has a distinctive odor – even when it’s not being smoked – which makes marijuana easier to spot than THC edibles. THC-infused edibles are virtually indistinguishable from their normal counterparts, and some are manufactured to look like brand-name candies and snacks, but don’t let this fool you.
While you may be operating under the belief that no one’s going to know that you’ve got edibles on you and that you aren’t likely to get into any trouble for having them, the truth is that many people do get into serious legal trouble for being in possession of THC-edibles. And you don’t want to be one of them.
Possession Charges for Small Amounts of Marijuana Have Loosened Somewhat in Texas
Texas has toned down its approach to first-offense possession charges when it comes to small amounts of marijuana. While the City of Austin has decriminalized small amounts of marijuana, Round Rock has not.
Round Rock has, however, adopted an approach that involves a cite-and-release summons, which means being handed a summons rather than being arrested, but the consequences can be just as serious, and there is no guarantee that you won’t be arrested.
The charge for possession of under two ounces of marijuana in Texas is a Class B misdemeanor, which carries a jail sentence of up to a year and fines of up to $4,000. As the amount of marijuana in your possession rises, however, or if you have prior convictions, the charge can march directly into felony territory, which carries much harsher penalties.
Being in possession of even one THC gummy, however, is a state jail felony right off the bat. A conviction carries from 6 months to two years in a state jail facility, as well as fines of up to $10,000. Every form of THC concentrate is illegal in Texas, and any amount is too much.
While marijuana can be weighed and easily assessed in terms of where it belongs on the legal spectrum, edibles can’t, and in response, Texas hits back hard. Additionally, edibles are classified in a separate penalty group from marijuana.
Penalty Group II
In Texas, marijuana is in a drug category all its own, but THC is not included in this grouping. Instead, THC is in penalty group II, which is heavily regulated. Other drugs in group II include PCP and ecstasy. The reasoning behind this harsh classification is that THC is far more concentrated than marijuana, and as a result, it has a more profound effect on the brains of those who use it.
Possession charges for THC break down according to the amount involved and include the following:
Possession of less than a gram of THC edibles is a state jail felony that carries fines of up to $10,000 and from 180 days to up to 2 years in a state jail facility. This sentence must be carried out in full, which means there is no possibility of early release.
Possession of from 1 to 4 grams of THC edibles is a third-degree felony, which carries fines of up to $10,000 and from 2 to 10 years in prison.
Possession of from 4 to 400 grams of THC edibles is a second-degree felony which carries fines of up to $10,000 and from 2 to 20 years in prison.
Possession of more than 400 grams of THC edibles is a first-degree felony, which carries fines of up to $50,000 and from 5 to 99 years in prison.
It’s very important to note that the State of Texas can consider the total weight of the THC edibles in your possession rather than the concentration of THC in them. This means that possession of a relatively low amount of THC concentration can lead to a very serious charge.
This approach is generally reserved for instances when it’s impossible to calculate the volume of the THC in the edibles – which can require very complicated lab work that may or may not prove effective.
The Compassionate Use Act
To date, Texas has remained strictly against legalizing marijuana and its derivatives.
In 2015, however, the state did pass the Compassionate Use Act. This allows the purchase and possession of specific oils that are infused with cannabidiol (CBD), which is used as treatment for seizures and as a pain reliever. This exception was made based on the fact that CBD lacks the psychoactive effects of THC and marijuana.
Authorized doctors can also prescribe low-THC cannabis for accepted medical purposes under this act.
Those Who Qualify
The Compassionate Use Act only extends to those who have the following specific disorders:
Epilepsy and other seizure disorders
Multiple sclerosis or amyotrophic lateral sclerosis
Spasticity
Autism
PTSD
Cancer
Incurable neurodegenerative diseases
A Note about CBD
While CBD and hemp have both been legalized in Texas, you should know that CBD can still get you into trouble. While many CBD products are advertised as containing no THC, this isn’t always the case. This means that, if you are found in possession of CBD and if the police decide to send it in for testing, you could potentially face legal charges.
Don’t leave your future to chance; reach out to a seasoned Round Rock criminal defense attorney to protect your rights and build a strong defense.
The Social Consequences of a Conviction
In addition to the immense legal consequences of a conviction for possession of gummies, there are also very serious social consequences to contend with. To begin, your standing in the community can take a real beating, and this is not to mention all the following:
You could lose your professional licensure.
You could lose your job, and finding a new one can be far more difficult.
You may have a hard time renting a home or being approved for a home loan.
Your plans for furthering your education could be dashed.
If you’re facing a possession charge of any kind, you need the skilled legal counsel of a dedicated Round Rock criminal defense lawyer backing you up.
FAQ
If you’re facing a possession charge involving THC gummies, you likely have a range of questions, and the answers to some of the questions we hear most often may also help you.
Are THC gummies ever legal in Texas?
No, THC gummies are generally not legal in the State of Texas unless they are a low-THC product that is prescribed through the Compassionate Use Program. Those gummies that are so readily available – and legal – in neighboring states are decidedly against the law in Texas, and keeping this in mind when you travel between states is especially important.
If I’m facing a possession charge, do I really need an attorney?
Yes, if you’re facing a possession charge that involves a THC gummy, you need the professional legal representation of a formidable criminal defense lawyer in your corner from the outset. Doing so can make a serious difference in the outcome of your case.
How serious are possession charges for THC gummies in Texas?
Possession charges for THC gummies in Texas are very serious. While a first possession charge for a small amount of marijuana in Texas is a Class B misdemeanor, possession of a single
THC gummy begins as a state jail felony. Never underestimate how much trouble you can get in for possession of THC gummies in Texas, and proceed accordingly.
Is medical marijuana legal in Texas?
In a very limited way, medical marijuana is legal in Texas. The Compassionate Care Act allows those who are afflicted with a short list of specific diseases to obtain prescriptions from authorized prescribers for low-THC edibles.
Does qualifying under the Compassionate Care Act protect me from legal charges?
If you qualify under the Compassionate Care Act in Texas, you are eligible to seek a prescription for the kind of low-THC edibles the state allows. Qualifying under this act, however, does not mean that you have the legal right to possess THC edibles outside those prescribed, and doing so could leave you facing a serious possession charge.
Can I be charged for possession if I bought the gummies legally in another state?
You can absolutely be charged with possession if you purchased the THC gummies that are in your possession legally in another state. In fact, the minute you cross the Texas state line, any marijuana or THC-infused products that you have in your possession transform from legal purchases to illegal drugs in the blink of an eye.
Will Texas ever legalize marijuana and THC edibles?
While it seems almost certain that Texas will eventually cave and loosen its very strict marijuana laws, this doesn’t alter the fact that it hasn’t done so yet. Until Texas does make this shift, which could be a long way off, it’s important to realize that all recreational edibles that are THC-infused are illegal – and to make good choices.
Is CBD legal in Texas?
Yes, CBD doesn’t have the psychoactive effects that THC does, and CBD products are legal in Texas. However, CBD products aren’t thoroughly tested or monitored by the federal government, and as a result, there’s no guarantee that the CBD you purchase contains no THC. If the police want to push the issue, they can have the CBD tested, and if it contains any THC, you could face a criminal charge.
You Can Trust an Experienced Round Rock Criminal Defense Lawyer to Help
Brett Pritchard at The Law Office of Brett H. Pritchard is a capable Round Rock criminal defense attorney who cares about you and your case and has the experience and legal insight to fiercely advocate for your best possible resolution.
Our trusted legal team is on your side and here to help, so please don’t put off contacting or calling us at 254-781-4222 to schedule a free consultation today.