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Secrets of the Texas Criminal Justice System and Your Rights
Marijuana and other THC-infused products are legal in Colorado, and some other states have followed suit, especially when it comes to using cannabis for medicinal purposes. Texas, however, remains steadfastly opposed to the legalization of marijuana or THC in any form.
If you are facing any charges involving marijuana or THC, enlisting the help of an Amarillo THC edibles lawyer may be beneficial. With an experienced defense attorney by your side, you may be able to negotiate a positive resolution to the criminal charges against you.
THC Edibles Versus Marijuana Under the Law
Tetrahydrocannabinol (THC) is the main psychoactive component of cannabis. THC, which naturally occurs in marijuana, produces a high when smoked. In recent years, however, THC has become an ingredient in many other items, such as brownies, candies, and gummies. Despite having the same active ingredient, marijuana flower and processed THC fall into different penalty classifications under Texas law.
The Texas Controlled Substances Act classifies drugs into different penalty groups, which set the punishments for possessing, manufacturing, and delivering the substances. Texas law places marijuana into a separate category from other drugs, As a result, possession of fewer than four ounces of marijuana is a misdemeanor offense, although possession of more significant amounts of marijuana can result in felony charges.
Edibles and any other products containing THC, however, do not fall into the same classification as marijuana. Instead, they remain classified with other controlled substances and are subject to harsher penalties. Therefore, anyone facing charges involving THC edibles or other products may wish to speak with a THC edibles attorney in Amarillo before making any statements to law enforcement officials.
Possession of THC Edibles
Possessing under four ounces of marijuana in the state of Texas will generally result in a misdemeanor charge. In contrast, most THC edibles, which typically contain THC oil or wax, fall under Penalty Group 2 or 2-A. Under Texas Health and Safety Code § 481.116, that individuals who possess less than one gram of a THC edible can face a state jail felony charge.
Notably, when law enforcement authorities measure the weight of a THC edible, the measurement includes the weight of any dilutant or adulterant. This means that the substances contained in the edible to enhance taste or add form are included in the weight measurement. As a result, possession of one gummy bear containing THC, which weighs 2-3 grams on average, can result in third-degree felony charges.
Likewise, CBD oil has a Penalty Group 2 classification if it contains even low levels of THC. Because the FDA generally does not monitor CBD oil manufacturers, there is no guarantee that CBD oil marketed as THC-free is entirely void of THC. Due to the potential severity of the penalties associated with marijuana foods, individuals may want to contact a THC edibles lawyer in Amarillo for further advice and guidance.
An Amarillo THC Edibles Attorney May Be Able to Help
The penalties for a THC edible conviction can be extremely harsh. Whether you are a student, a stay-at-home mom, or a white-collar professional, you can face jail time, fines, and other collateral consequences. As a result, consulting an Amarillo THC edibles lawyer at the outset of your case may be your best chance of overcoming or reducing the potential penalties you face.