While possession of edible marijuana is perfectly legal in some states, Texas remains a state where marijuana in any form is illegal. This means that bringing an edible marijuana gummy, brownie, or other THC infused baked good back home to Texas following a vacation is not a good idea.
Even for possessing the smallest usable amount of marijuana in Lubbock, a person could end up with a criminal conviction on their record. This may be a scary prospect that could affect someone’s life for years into the future. Fortunately, possession of edible marijuana in Lubbock does not always have to result in a criminal conviction.
Contact a skilled defense attorney who understands edible marijuana possession charges in Lubbock. A person who faces such charges may want to consider scheduling an appointment to begin discussing the facts of the case and potentially examine different defense strategies that may be applicable.
Lubbock Law: THC v. Marijuana
Texas law provides that knowingly or intentionally possessing marijuana is a legal violation. This includes edible marijuana, which typically consists of some sort of edible item infused with THC oil. Popular edibles, such as those sold in the neighboring state of Colorado where marijuana is completely legal, include food such as hard candy, gummies, chocolate bars, and baked goods like brownies.
Under the Texas Health and Safety Code §481.183, THC other than marijuana is a penalty group 2 drug. THC (tetrahydrocannabinol) oil or wax is considered to be a concentrate, which means that possession of THC oil or any edible containing THC oil may carry far harsher penalties than mere possession of marijuana. This means that even a tiny amount (less than one gram) of THC oil in an individual’s possession could be treated as a felony offense in Lubbock.
Possession of Marijuana vs Possession of THC
For instance, possession of up to two ounces of marijuana is considered a Class B misdemeanor, which commonly carries a penalty of up to 180 days in jail and up to a $2,000 fine, or both. In contrast, possession of less than one gram of THC oil, either alone or contained within an edible, may constitute a state jail felony in Texas. Such an offense upon conviction may entail a sentence of incarceration ranging from 180 days to two years and a fine of up to $10,000, according to the Texas Penal Code §12.22 and §12.35.
While marijuana laws have generally become more lenient throughout the United States, Texas strictly adheres to regulations against marijuana. This is particularly true when it comes to THC oil, which the state of Texas often considers to be a controlled substance.
Measuring the Penalties for Edible Marijuana
Texas law measures the penalties for possession of a controlled substance based on its total weight, including all adulterants and dilutants. As the weight of the THC gummy, brownie, chocolate, or baked good increases, the potential penalties for Possession of edible marijuana in Lubbock may also increase.
This means that a pan of brownies infused with THC oil weighing one-half of a pound theoretically could expose individuals to incurring a sentence of up to 20 years in jail for possessing more than 200 grams of THC. Similarly, individuals who deliver the brownies to their friends could be charged with distribution of more than 200 grams of THC. Such an offense is frequently considered a first-degree felony capable of carrying a maximum sentence of life in prison.
Calling a Lubbock Attorney to Learn About Possession of Edible Marijuana
The potential penalties for possession of edible marijuana in Lubbock such as a gummy, cookie, or other THC infused baked good could significantly impact a person’s future. When someone faces such a charge, they may immensely benefit from contacting a defense lawyer who can swiftly explain the legal regulations and potential strategies surrounding the case. Call for a consultation today.