Are There Harsh Penalties if I Get Caught with Marijuana Oils or Edibles in Texas?
It Is Important to Note that, in Texas, if You Are Found With Edibles, without a Prescription, You Are Charged Based on the Overall Weight of the Edibles, Not the Amount of THC in Them
Although Texas has permitted medical marijuana for patients who have very particular medical conditions since 2014—and may be expanding that use soon–the recreational use of marijuana—including any oils or edibles—is still met with harsh penalties here. Without a prescription, anyone found with marijuana will be arrested and charged with a felony.
In Texas, marijuana-related penalties are as follows:
- Less than two ounces: class B misdemeanor; carries prison time of up to 180 days, up to $2,000 in fines, and losing your driver’s license for up to six months; with the potential to have the charges dismissed if you participate in a drug treatment program;
- Between two ounces and four ounces: class A misdemeanor; prison time of up to one year in jail and fine of up to $4,000;
- Between four ounces and five pounds: up to two years in prison and a fine of up to $10,000;
- Between five pounds and 50 pounds: a third degree felony; up to 10 years in prison and $10,000 fine;
- Between 50 and 2,000 pounds: second degree felony; up to 20 years in prison and $10,000 fine;
- More than 2,000 pounds: first degree felony; five to 99 years in prison (or life); fine of up to $50,000.
Note that there is typically a high concentration of THC in edibles. When it comes to categorizing your offense if you are found with edibles, the weight of the edible is relied on for possession purposes (not just how much THC is in the product).
Take, for example, the case of Jacob Lavoro: Texas police caught him with a pound and a half of marijuana edibles, claimed that he was running a low-level edibles operation and charged him with first degree felony of possession with intent to distribute, which carries a prison term of life in Texas. These charges were determined by the weight of the brownies, in total, instead of the content of hash oil in them.
If you or a loved one faces marijuana or other drug-related charges, you need to speak with an experienced criminal defense attorney who has specifically defended those accused of drug crimes here in Texas. Contact our team of strong, effective defense attorneys; we have extensive experience in cases involving felony and misdemeanor drug charges.