Can I Face Texas Drug Charges for Possession of THC Oils or Edibles?

 Posted on October 26, 2020 in Drug Charges

Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

THC Possession Charges

Tetrahydrocannabinol (THC) is the substance in marijuana that gives users a “high.” Under Texas law, concentrated THC is treated separately from other forms of marijuana. While possession of four ounces or less of marijuana is a misdemeanor charge, possession of one gram of THC concentrates is a state jail felony, and possession of larger amounts can result in more serious felony charges.

Because of this distinction, those who are found in possession of THC oils, edibles, or other concentrates may face serious consequences. It is also important to note that in many cases, charges may be based on the weight of an entire product, rather than the specific amount of THC. Although THC may make up only a small portion of a product, possession of even a small amount could be charged as a high-level felony, and a conviction could result in multiple years of jail time and tens of thousands of dollars in fines.

Is Possession of CBD Oil Legal in Texas?

While products containing THC continue to be illegal in Texas, other types of marijuana-related products can be used. A change in the state’s laws in 2019 made it legal to possess hemp-based products, as long as they have a THC content of .3 percent or less. This includes products containing cannabidiol (CBD) oils. In some cases, low-level marijuana possession charges have been dropped due to the unavailability of testing to determine the THC content of marijuana and hemp products.

Contact Our McKinney Marijuana Possession Defense Attorneys

If you are facing charges related to the possession of marijuana or THC, you need a skilled and experienced attorney on your side who can help you determine your options for defense. Our tenacious Collin County drug crime defense lawyers can advocate to have your charges dismissed or to minimize the consequences of a conviction. To learn more about how we can help with your case, contact us today at 469-333-3333 to set up your free consultation.

Sources:

https://www.texastribune.org/2020/01/28/texas-marijuana-laws-2020-what-you-need-know/

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

https://www.marijuanamoment.net/marijuana-possession-arrests-plummet-in-texas-after-hemp-legalization-new-state-data-shows/