Can You Go to Jail for Pot Brownies in Texas?

 Posted on October 14, 2022 in Drug Charges

In Texas, possession of marijuana, cannabis, or THC edibles is still illegal. Texans can face significant consequences, including incarceration, for possession, distribution, or cultivation of marijuana. Tetrahydrocannabinol (THC) is the substance found in marijuana that causes the psychoactive effects of the drug. Some people extract THC and mix it into foods such as cookies or brownies. Serving a pan of so-called "pot brownies" at a party may seem harmless. However,  in Texas, it is a crime that can result in life-changing consequences.

Texas Laws Regarding Foods Containing THC 

THC concentrate or resin is treated differently under Texas law than marijuana flower. The Texas Controlled Substances Act classifies THC products to be in penalty group two. While possession of less than four ounces of marijuana flower is a misdemeanor offense in Texas, possession of even a very small amount of THC concentrate is a felony offense. 

Less than one gram of THC concentrate in a gummy candy or baked good may lead to state jail felony charges punishable by up to two years in jail and fines up to $10,000. If you are accused of possessing one to four grams of THC concentrate, you face up to ten years in jail and a maximum fine of $10,000. Possession of four to 400 grams is a second-degree felony. Possession of more than 400 grams of THC is a first-degree felony punishable by 5-99 years in prison and a maximum fine of $50,000.

In many cases, the total weight of the product is used to determine the criminal charges associated with THC possession. So, a pan of brownies that weighs about a pound can lead to first-degree felony charges. Furthermore, even if a THC product was purchased legally in a state that has legalized marijuana, it is illegal to possess the product in Texas. 

Contact a Frisco Marijuana Possession Defense Lawyer 

It is illegal to possess THC edibles in Texas. If you are caught with foods or other products containing THC, whether purchased commercially or homemade, you can face significant criminal penalties. You could be sentenced to many years in prison. 

If you or your child were caught with THC, marijuana, or cannabis, you need a lawyer who can provide bold legal advocacy. The Collin County drug crime defense attorneys at Law Offices of Biederman & Burleson P.L.L.C. will stand up for your rights and help you build a strong defense against the charges.

Call our office today at 469-333-3333 and set up a confidential, free consultation. 

Source:

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