THC Edibles Lawyer Texas
Texas has some of the strictest marijuana laws in the country, and THC edibles are no exception. Many people assume edibles are treated the same as marijuana flower, but under Texas law, THC edibles are considered a felony, even in small amounts.
If you or a loved one is facing felony charges for THC edibles, Tisdell Law Firm is here to help. Our experienced defense attorneys understand the complexities of Texas drug laws and will fight to protect your future.
Felony charges can ruin your record. Let us fight for you. Contact us now at (806) 216-3226 for strong legal defense!
What Are THC Edibles?
THC edibles are food or drink products infused with tetrahydrocannabinol (THC), the psychoactive compound in cannabis. They come in various forms, including:
- Gummies
- Brownies
- Cookies
- Chocolates
- Beverages
- Hard candies
Unlike smoking marijuana, edibles take longer to take effect, but they often produce stronger and longer-lasting effects. Because they are made using THC concentrates such as oils or distillates, Texas law treats them more harshly than traditional cannabis flower.
Texas Laws on THC Edibles
Possessing THC edibles in Texas is a felony offense under Penalty Group 2, which includes all THC concentrates. Many people don’t realize that the state does not differentiate between the THC content and the total weight of the edible—which can lead to much harsher penalties than expected.
Penalties for THC Edibles Possession
- Less than 1 gram – State Jail Felony
- 180 days – 2 years in a state jail facility
- Fine up to $10,000
- 1 to 4 grams – Third-Degree Felony
- 2 – 10 years in prison
- Fine up to $10,000
- 4 to 400 grams – Second-Degree Felony
- 2 – 20 years in prison
- Fine up to $10,000
- Over 400 grams – First-Degree Felony
- 5 – 99 years in prison
- Fine up to $50,000
Because the entire weight of the edible is considered in the charge, even a single package of THC-infused brownies, chocolates, or gummies can result in severe felony charges.
Why Are THC Edibles Prosecuted More Harshly Than Marijuana?
Many people are surprised to learn that THC edibles are prosecuted more harshly than marijuana flower. The key reasons for this include:
- THC edibles contain concentrated THC oil rather than natural cannabis plant material.
- The law calculates the weight of the entire edible product, not just the THC inside it.
- Possession of THC oil in any form is classified as a felony in Texas, unlike small amounts of marijuana flower, which may result in a misdemeanor.
This means that a single THC-infused chocolate bar could carry more severe penalties than possessing multiple ounces of marijuana.
Legal Defenses for THC Edibles Charges
At Tisdell Law Firm, we provide aggressive defense strategies for clients facing THC edibles charges. Some potential defenses include:
- Unlawful Search and Seizure – If law enforcement conducted an illegal search, we may be able to get the evidence thrown out.
- Lack of Knowledge – If you were unaware that the product contained THC, we can challenge the prosecution’s claims.
- Inaccurate Lab Testing – Lab results must accurately identify THC content, and testing errors can weaken the case against you.
- Medical Necessity – While Texas has strict medical marijuana laws, some cases may involve a valid medical defense.
We will carefully examine the details of your case and work toward the best possible outcome.
Other Charges Related to THC Edibles
Possession of THC edibles is often charged alongside other drug-related offenses, including:
- Delivery of Marijuana – If prosecutors believe you intended to sell or distribute THC edibles, you may face additional charges.
- Possession of THC Oil – Because THC edibles are made with concentrated cannabis oil, authorities may charge you with possession of THC oil, which is also a felony.
- Marijuana Cultivation – If law enforcement believes you were involved in growing cannabis and producing THC-infused products, additional charges could apply.
How Our Law Offices Can Help You in Your Cannabis Defense
If you are facing charges in Amarillo, Texas, you need a defense attorney with legal specialization in possession of marijuana and THC edibles to keep your criminal record clean. Even though edibles contain THC just like marijuana, they are considered another type of drug and can lead to a harsher sentence than possession of marijuana.
THC is not legal in Texas. The court will treat THC with the same severity as other drugs. You need a Texas board-certified lawyer to provide legal representation if you are accused of having higher concentrations in your possession. Contact an attorney from Tisdell Law Firm today to fight these possession charges of THC.
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Overview of Penalties for Possession of THC
The current laws in Texas mean that THC is prosecuted more harshly than marijuana itself. An arrest for THC possession is usually charged as possession of a controlled substance in penalty group 2, a charge reserved for drugs like methamphetamine. The degree of your charges will depend on the weight of the THC in your possession at the time you were arrested.
Since THC is considered a harsher drug, your potential sentence will be more severe than for other drugs. If you are found in possession of less than one gram of usable marijuana, it is a class B misdemeanor with penalties that could result in 180 days in jail and up to $2,000 in fines. However, possession of less than one gram of THC in the form of edibles or a vape pen is considered a state jail felony, punishable by six months to two years in a state facility and up to $10,000 in fines.
Here is a look at how Texas punishes possession of THC edibles.
State Jail Felony
A state jail felony is possession of less than a gram of THC can result in six months to two years in a state jail and up to $10,000 in fines.
Third Degree Felony
If you possess between 1 gram and 4 grams of THC, it is a third-degree felony charge. This could mean a prison sentence of two to 10 years and up to a $10,000 fine.
Second Degree Felony
You may face a second-degree felony if you possess between 4 and 400 grams of THC. This is punishable by two to 20 years in prison and a $10,000 fine.
First Degree Felony
A first-degree felony may result in five years to 99 years or life in prison with a $10,000 fine. This is the punishment for THC in quantities of 400 or more grams.
Hear From Our Clients
At Tisdell Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Adam Tisdell is the best attorney in the state!”- Patrick F.
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“Adam did more than I could ask for on that day, he literally brought tears to my eyes.”- Lole K.
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“I am 100% satisfied with the results of my case. I would definitely recommend Adam Tisdell.”- Myra
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“He was easy to contact and always answered any question we had.”- Jazmin S.
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“Charles did exactly what he said he would do.”- Patrick R.
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“Adam Tisdell is just overall a great kind hearted attorney who will put ALL his efforts in making sure that you receive the assurance necessary to beat your case.”- Miss V.
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“I hired Leah Thornton to handle my case and she helped me every step of the way!”- Alana W.
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“Adam works hard to get you the best result.”- Kevin P.
