Can You Go to Jail for Edibles in Texas? The Short Answer ... YES.

edibles, weed, gummies, edible marijuana

In recent years, laws regarding recreational marijuana, including possession, cultivation, distribution, sale, and usage, have become less strict in many states in the U.S. However, in Texas, recreational marijuana laws are much stricter than other states. Texas law prohibits every form of recreational marijuana, including green leafy marijuana (flower), THC oils, vapes, waxes, THC (tetrahydrocannabinol) extract, and THC edibles (cookies, candies, brownies, gummies, et cetera).

What Are the Penalties for Edibles Possession in Texas?

Possession of any type of THC extract is a felony. Whether the THC extract is in the form of “wax,” “shatter,” “magic butter” or THC oil (often found in a vape cartridge), the bottom line is that possessing THC in any form is a felony in Texas. That also means possession of just one, single, weed-infused gummy is a felony offense in the state of Texas.

The graphic above may only refer to edibles, but know that when it comes to THC, if you eat it, smoke it, or vape it, you could risk getting felony charges, nonetheless.

When determining the weight of a THC edible, the government is allowed to weigh the eggs, flour, sugar, butter, and any other non-THC ingredients making up the edible. The government is not legally required to separate the THC extract from the edible. They literally weigh the whole cookie or brownie, so it’s easy to see how quickly and easily grams turn into ounces and pounds using this currently lawful method of measurement.

The degree of felony and their respective penalties for possession of THC edibles are:

  • State jail felony: Possession of less than 1 gram – Range of punishment is 180 days to 2 years in a state jail facility and $10,000 in fines
  • 3rd degree felony: Possession of 1 to 4 grams – Range of Punishment is 2 years to 10 years in jail
  • 2nd degree felony: Possession of 4 to 400 grams – Range of punishment is 2 years to 20 years in jail
  • 1st degree felony: Possession of more than 400 grams – 10 years to 99 years/life in jail and $50,000 in fines

Just to illustrate, if a person is alleged to possess a pound of THC edible cookies, they are facing a first-degree felony subjecting them to up to life in prison. Yes, you read that right.

Punishments can be even harsher if the alleged offense occurred near a youth center, playground, or school, which are considered drug-free zones. In addition to edibles possession, obviously a person can also serve time in prison for possession with the intent to sell THC edibles.

Marijuana Consumption & Health Effects

Taking too much of anything can damage your body, and cannabis is no exception. In fact, studies have revealed the detrimental health consequences of weed in teenagers, in particular. Examples include psychosis, addiction, and chronic vomiting, as highlighted in this article. Parents and teens alike should beware of these possibilities, as marijuana consumption may not only result in felony charges but also serious illnesses if it’s smoked or ingested in excess.

Facing Edibles Charges? Contact Our Experienced Criminal Defense Lawyer for a Free Consultation

If you are facing criminal charges for marijuana or THC edibles, or any other type of drug crime in Texas, you don’t have to face those charges alone. Beasley Law Firm has a long history of aggressively fighting for the rights of clients charged with drug crimes.

Attorney Bruce Beasley has over 30 years of experience representing clients and ensuring their side of the story is told. He understands what it takes to build a successful criminal defense case in Fort Worth. Working with Attorney Beasley can give clients facing drug charges a realistic chance to have their charges reduced or dismissed.

To learn more about Beasley Law Firm, and how Attorney Bruce Beasley can help you, read our clients’ reviews.

For a free consultation with our experienced marijuana and THC edibles attorney, call us at (817) 440-7707 or contact us online today.

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