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The legal framework for marijuana possession in the United States is definitely a complex matter to discuss. All states have different regulations on recreational marijuana.
Consuming THC edibles is not the same as smoking marijuana directly. Therefore, people often wonder if Texas law makes a distinction between them or if they are legal in the state.
This page has more information about the legality of THC edibles in Texas. Anyone with deeper or more technical questions about the matter can always call the Sparks Law Firm. They can help answer other questions such as, Is a vape pen a felony in Texas? It works in Ft. Worth, TX, and is ready to address any concerns its clients may have.
Are Edibles Legal in Texas?
Before getting into THC edibles, people first need to ask themselves: Is marijuana illegal in Texas? The answer is yes. Actually, the Texas Controlled Substances Act states it's a controlled substance.
Reading that may lead everyone to believe THC edibles are 100% illegal in Texas. The truth is they aren't, at least not completely.
The state allows products with less than 0.3% THC, so people can buy, sell, and consume them. Because of that, though delta-8 and 9 are controlled substances, there are a wide variety of edibles available in Texas.
Regardless of that, the possession of a THC edible with more than 0.3% THC concentration could represent a third-degree felony. Thus, while recreational marijuana is illegal, products that come from cannabis plants, such as hemp or CBD gummies, chocolates, or mints are allowed.
What Does the Texas Law Say About Edibles?
Texas law is not that specific when it comes to edibles. However, it does specify it has zero tolerance for marijuana or any other drug paraphernalia. It's flexible around hemp-related products, though.
According to the Texas Health and Safety Code, buying, selling, and consuming legal hemp is allowed in the state. As mentioned before, such products can't have more than 0.3% THC in them.
Setting that apart, anyone caught possessing or consuming even less than one gram of a THC edible could get state jail felony charges.
Likewise, drug laws allow medicinal marijuana, as long as patients get a legitimate prescription. People selling edibles must comply with regulations from the Department of Health and Human Services and the Texas Department of Agriculture.
Though selling and buying edibles is legal according to Texas law, people couldn't cultivate, manufacture, label, or process them in any way in the state until a few years ago.
Texas lawmakers have tried to ban all forms of THC, including edibles. They have failed to do it so far, so THC-related products are still legal under the regulations mentioned before.
What Are the Penalties for Having THC Edibles in Texas?
Drug possession is a serious matter in Texas, which means it leads to severe criminal charges and penalties. Since the law addresses illegal edibles like other controlled substances, the penalties for possession of them are the same that people get for other drug charges. For more information, drug crime attorneys in Fort Worth may be able to help.
These are the penalties for having or consuming THC edibles in Texas according to state law:
2 ounces or less: It's a Class B misdemeanor. People can get jail time and a fine of up to $2,000.
Between 2 and 4 ounces: This would represent a Class A misdemeanor. Offenders could face more than one year in jail. The fine in this case shouldn't go higher than $4,000.
Between 4 ounces and 5 pounds: Offenders face a state jail felony charge. The minimum jail time is 180 days and the maximum is two years. Here, the fine is up to $10,000.
Between 5 and 50 pounds: It's a felony. Defendants could get from two to 10 years in prison. The fine stays the same as in the previous case.
More than 50 pounds: This is the last example, and it's a felony. Offenders can get a life sentence. The fine is up to $250,000.
To determine the degree of the offense, law enforcement officers will weigh the seized edibles. That includes measuring the volume of THC in the products. Depending on the case, offenders could face community supervision.
Medicinal marijuana possession is only allowed in very limited circumstances and under strict regulations. Hence, proving the medicinal value of cannabis products won't help.
It's worth noting that the possession of less than four ounces of a controlled substance is commonly called low-level possession.
Are Edible Charges the Same as Marijuana Possession Offenses?
Edible charges are generally the same as marijuana possession offenses. As shown before, they represent the same penalties. The only difference is that the police need to weigh the products to determine the degree of the offense.
It's important to understand that the police can't press charges against someone for possession of marijuana until they determine the seized edibles fit the legal definition of that drug.
While they are legally treated equally, marijuana and edibles, such as THC oil, gummies, or mints aren't the same essentially.
THC is the psychoactive compound in cannabis sativa. Hence, marijuana naturally has high levels of it, but they are not the same.
The reason THC products are sometimes legal is because they only use a small portion of the main psychoactive component of marijuana. Therefore, their effects are lighter compared to what happens when someone directly smokes the plant.
This is easier to understand when people acknowledge that the main purpose of the law is to protect people. The problem it has with THC is that its effects could be dangerous for people if consumed in high dosages.
Although Texas has shown low tolerance for marijuana use, it's been quite progressive when it comes to using it for medical purposes or low-dosage THC products.
Is Medical Marijuana Legal in Texas?
Medical marijuana is legal in Texas. Nonetheless, that doesn't mean anyone can buy and consume it freely to address any kind of physical problem. The law only allows it in specific cases, and patients need a prescription to get it.
Even if they have a prescription, patients could face a drug charge if they don't comply with the regulations the state establishes for medicinal marijuana. They can get this substance through the State's Compassionate Use Program (CUP).
After Texans get a marijuana prescription, they have to apply for the CUP through the Texas Department of Public Safety to know if they qualify for the program. These are the most common diseases that qualify for marijuana use:
Epilepsy
Multiple sclerosis
Terminal cancer
Naturally, the consumption methods are restricted in this case. Patients can't smoke the THC, so they legally need to get edibles. If they choose to use marijuana oil, it shouldn't have more than 0.5% THC concentration.
Texas doesn't issue medical marijuana cards to patients like other states do. Hence, the only thing they have to support that they do have the legal right to buy THC products is the prescription their physician gave them.
What About CBD?
CBD stands for Cannabidiol. It's one of the active ingredients in cannabis sativa, and products that use it offer a lighter alternative to the effects of marijuana.
Before states legalize marijuana, they often first allow citizens to try CBD. In Texas, CBD products are legal, as long as they comply with state regulations. Hence, they still must contain a maximum of 0.3% THC in them.
Although CBD is not marijuana, possessing CBD edibles with more THC content than allowed by the law will lead to criminal charges.
When patients qualify for a medicinal marijuana prescription, they often receive CBD. Most edibles use delta-9 THC. Things are not always like that with CBD products.
Delta-8 THC offers a lighter approach to the effects of this psychoactive compound, and people often get it from CBD. Hence, many CBD edibles available on the market use it instead of the delta-9 alternative.
The legal framework for delta-8 THC in Texas is still confusing since people are currently investigating its effects as an alternative to regular THC. However, as of today, delta-8 THC is treated as the other controlled substances mentioned in this blog post.
Final Thoughts
The best way to stay safe from having any trouble with the law is to understand how it works and all the regulations in the state. Getting a drug conviction is something that could stain a person's career and family for life.
While THC gummies, chocolates, or any kind of edible are technically legal in the state, people should only get them from licensed retailers. They comply with state regulations and the restrictions imposed by the federal government.
However, people facing criminal charges for owning edibles should hire a good criminal defense attorney. The Sparks Law Firm is ready to help victims in Ft. Worth, TX. Its lawyers will explain the legal process to the client and the best strategy for the case.
Since the legal framework for THC edibles is still in the works, it's important to stay updated on how lawmakers address it. Things could change overnight, and not getting that information could make people face severe legal consequences.
Anyone with the fear of getting a drug conviction on their criminal record should call this law firm today to schedule a free consultation. Its website has similar blog posts to this one.
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