College Station 6th Graders Get Halloween THC-Laced Candy

 Posted on November 26, 2024 in Drug Charges

Recently, three College Station, TX sixth graders were accidentally given THC-laced candy during Halloween. While one of the students tasted the candy and spit it out, the other two ate the THC-laced candy. One of the sixth graders felt ill and went to the school nurse’s office, who realized the candy was not meant for children.

School officials, emergency services, and law enforcement were all notified, although the investigation found that the student who brought the candy to school – and his family – were unaware that it contained THC, as it resembled a bag of the popular candy, Sour Patch Kids. While no criminal charges are pending, if the investigation had revealed the parents were aware of the THC-laced candies, they could have potentially been charged with a criminal offense.

The state of Texas takes a very strict stance on the use of illegal drugs, which includes THC edibles. The penalties and long-term consequences for a conviction of possession of these edibles are severe. If you are facing charges of possession of THC edibles, it is important that you speak to a knowledgeable Prosper, TX drug charges attorney from Law Offices of Biederman & Burleson P.L.L.C..  

Charges for Possession of THC Edibles in Texas

If you possess four ounces or less of marijuana, you will face misdemeanor charges. Edibles, however, are a different story. One gram or less of edibles in your possession could be charged as a state jail felony. Having one to four grams of THC edibles is a third-degree felony, and possession of from four to 400 grams of THC edibles is a second-degree felony.

If you have more than 400 grams in your possession, you could be charged with a first-degree felony. In situations where the actual amount of THC oil in an edible cannot be determined, you may be charged by the weight of the edibles in your possession.   

Penalties for a Conviction of Possession of THC Edibles

A state jail felony conviction in Texas can result in 180 days to two years in jail and a maximum fine of $10,000. The sentence must be served in full, with the opportunity for early release. Community supervision may also apply. A third-degree felony conviction for possession of THC edibles can result in between two and 10 years in prison and a maximum fine of $10,000.

A second-degree felony conviction for THC edibles in Texas brings a prison sentence between two and 20 years, with a maximum fine of $10,000.  A first-degree felony conviction for possession of THC edibles in Texas brings a potential sentence of five to 99 years in prison and fines as large as $50,000.  

Potential Defenses to Possession of THC Edibles

The defense your attorney uses will depend on the circumstances and facts surrounding your arrest. The medical necessity defense is not valid in Texas, as medical marijuana is not legal in the state, but the Compassionate Use Program (CUP) does allow certain physicians to prescribe low-THC cannabis products for medical purposes. Some of the more common defenses include:

• Illegal search and seizure is a valid defense when the police search your home, vehicle, or person with no reasonable suspicion and no warrant.
• The police may not have properly Mirandized you after your arrest or may have refused your request for an attorney.
• The THC edibles may not have enough THC to warrant the charges.

Contact a Collin County, TX Defense Lawyer

It can be extremely beneficial to speak to a Frisco, TX possession of THC edibles attorney if you are facing charges. The penalties for a conviction can be harsh, and the collateral consequences can include an inability to secure employment. The attorneys from Law Offices of Biederman & Burleson P.L.L.C. have more than 25 years of combined experience and can craft a solid defense on your behalf. Call 469-333-3333 today to schedule a free consultation.