Will I Go to Jail if My Kid Eats My Edibles?

 Posted on February 20, 2025 in Drug Charges

Accidentally leaving cannabis edibles within a child's reach is a terrifying mistake — one that can have serious legal and medical consequences. In Texas, marijuana remains illegal, and exposing a child to THC-infused products can lead to criminal charges, including child endangerment.

If your child ate edibles, seek medical attention immediately. THC overdoses in children have led to hospitalization and even death. Your legal concerns matter, but your child’s health comes first. After addressing the medical emergency, you should contact an experienced Texas drug crimes defense attorney to protect your rights. Do not talk to police or Child Protective Services until you have met with a lawyer.

How Serious Is It If a Child Eats THC Edibles?

THC edibles, especially gummies, often look like regular candy. Because children's bodies are smaller and more sensitive to THC, consuming even a small amount can cause:

• Extreme drowsiness or unconsciousness

• Difficulty breathing

• Vomiting

• Seizures

• A dangerously low heart rate

Some cases have resulted in fatal overdoses. This is why doctors and poison control centers stress the importance of getting medical help immediately, even if you fear criminal consequences. If a hospital suspects THC poisoning, they may report the case to law enforcement and child protective services.

What Criminal Charges Can You Face if Your Child Eats Edibles?

Texas has strict drug laws, and when children are involved, prosecutors take these cases seriously. Leaving THC edibles where a child can get to them may qualify as child endangerment, which can be charged in a couple of ways.

Depending on the circumstances of the case and how a parent responds, at the very least letting a child have access to edibles may be a state jail felony. However, if the child was at serious risk of injury or death, it could be a second degree felony. A conviction could also result in a CPS investigation, loss of custody, or restrictions on parental rights.

Because marijuana is illegal in Texas, simply having THC edibles can lead to separate drug charges. Depending on how much and what kind of marijuana a parent has, the parent could face charges ranging from a Class B misdemeanor to felony charges. Since edibles contain concentrated THC, they often lead to more severe felony drug charges than marijuana bud.

Will a Parent Without a Criminal History Go to Jail? 

While Texas takes child endangerment and drug crimes seriously, the court may consider your lack of criminal history and the circumstances of the case when deciding on the appropriate penalty. You may receive more lenient treatment if you immediately get help for your child, you have no criminal record, you had no intent to harm your child, and the amount of THC was minimal.

Contact a Collin County, TX Criminal Defense Attorney

If your child ate your THC edibles, you may be facing one of the most stressful situations of your life. Do not face it alone. A Plano, TX criminal defense attorney at Law Offices of Biederman & Burleson P.L.L.C. can help you navigate the legal process, negotiate with prosecutors, and work toward the best possible outcome. Call 469-333-3333 today for a free consultation.