Edible Gummies With THC- What Does Texas Law Outline?
Marijuana is generally a misdemeanor offense. However, it can be elevated into a felony in a number of ways.
One way is when you take the actual substance in marijuana, which is THC, and that is extracted in some way and used to create something else, then that all of a sudden becomes a felony offense.
It's the substance of THC, and it's considered a penalty group two substance, which is a felony. And we see this most often in cases involving edibles. You take gummy bears, for example, which seem to be popular, especially since you can buy them in Colorado and other states. A package of gummy bears may actually contain a very small amount of THC, but it is a felony offense, or even a couple of them.
Be aware that what is normally a misdemeanor offense that you may think is not all that serious, when it's turned into an edible or something else you can consume, then you're looking at a felony offense, and your misdemeanor marijuana possession all the sudden becomes a felony that you're in district court for and facing serious criminal consequences.
Are Edibles Legal In Texas?
THC, or tetrahydrocannabinol, is the main active ingredient of cannabis. THC is what provides the psychoactive effects of consuming marijuana. Here in Texas, THC is
generally measured as a percentage of dry weight. Under the Compassionate Use Act, AKA Texas medicinal marijuana law, the marijuana used has to be .5% or less THC by dry weight.
So yes, some CBD oils and hemp products can be completely legal!
The THC oils and edibles, however, have more stringent punishments than possession of the plant. They are highly concentrated, and there is less time for the user to assess their intoxicant level and mental condition. This is why they are punished more severely.
And here in Texas? It is always a felony.
Why Was I Charged With a Felony for Possessing Edibles?
For the most part, marijuana cases are minor misdemeanors. Unless you have a significant amount, it's going to be a misdemeanor; in most Counties you can usually get those resolved fairly quickly. Many times, you can get them resolved in a way that you can get them off your record or get them dismissed outright.
In contrast to the actual plant, edibles, oils, and vapes are always going to be felony offenses. It's going to start off as a state jail felony and can go higher depending on the amount that's involved. It doesn't take much to bump up the amount if you look at some of the products that are involved. For example, edibles will typically weigh several ounces; even though the amount of THC in the product might be small, you go by the total weight. That can add up quickly, and you can be facing a second or third-degree felony before you know it.
Most people look at oils and edibles in the same way they look at marijuana. While the physical impact on the person may be the same, the legal effect is not. So be aware and know that being caught with those substances is going to result in a felony offense.
An Experienced Waco Drug Crime Lawyer Can Fight Your Marijuana Charges
Even if it’s not possible to have the charge reduced or dismissed, there are still options to keep a conviction off your record or set you up so you can have it removed from your criminal record in the future. The best thing you can do for yourself and your family is to retain an experienced drug crime lawyer as soon as possible.
An experienced Waco drug crime lawyer is necessary to fight these charges and help a person avoid the harsh penalties associated with these charges. Walter Reaves has the experience and knowledge needed to help you. He is board-certified in both Criminal Law and Criminal Appellate Law, which is a distinction held by very few criminal defense attorneys.
If you need an aggressive criminal defense attorney in Waco or McLennan County to fight your marijuana arrest charges, call Walter Reaves at 254-781-3588 or fill out the contact form on our website now.
