Edible Marijuana

Photo of marijuana buds in a jar on a table next to THC gummy bears

We are living through the golden age of marijuana. Marijuana cultivation technology has improved greatly, resulting in an increased supply of high-quality buds. One by one, states are slowly legalizing marijuana even for recreational purposes. And thanks to advances in technology, getting high can now be as simple as having a snack.

Edible marijuana (called “edibles” for short) is incredibly convenient and discreet. Many tourists who visit legal marijuana states such as Colorado are tempted to visit a dispensary to stock up on THC treats. But you may be surprised to learn that penalties for edible marijuana are far harsher than penalties for the marijuana plant itself.

If you’ve been charged with possession of edible marijuana, you need a strong marijuana defense lawyer on your side.

Defense Attorney for Edible Marijuana Charges in Texas

For over two decades, attorney David Sloane has helped Texas clients maintain their innocence in the face of serious criminal charges. The Law Offices of David Sloane, PLLC focuses extensively on clients facing marijuana-related charges. As Public Information Officer for the DFW chapter of the National Organization for the Reform of Marijuana Laws, marijuana legislation is a cause that David cares about.

Our attorneys will push to obtain the most favorable outcome possible for your case. After a close examination of the evidence, we will work to reach a resolution without going to trial. Depending on the particular facts of your situation, we may be able to dismiss or reduce your charges.

Contact the Law Offices of David Sloane, PLLC today to get started on your defense. Call (817) 810-0088 or complete our online form to schedule a free consultation. We represent clients across North Texas and the Panhandle, including the counties of Donley, Carson, Wilbarger, Dallas, and Childress.

Overview of Edible Marijuana in Texas

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What Are the Different Types of Edible Marijuana?

One of the main psychoactive compounds in marijuana is tetrahydrocannabinol, or THC. Edible marijuana products (called “edibles”) are made by adding THC extract to a food, drink, or snack item.

You can’t get high by eating cannabis raw, but extracting THC and exposing it to a process called decarboxylation unlocks its psychoactive properties. Almost anything can be transformed into an edible product by mixing in some THC extract.

If you visit a marijuana store in Colorado or another state that has legalized marijuana, you’re likely to find some of these popular edible cannabis products:

  • Cookies
  • Brownies
  • Gummy candies
  • Drinks
  • Chocolates

Edible marijuana products are produced and packaged so professionally now that it’s easy to forget they are still highly illegal in Texas. If you’ve been caught with marijuana-infused edibles, it would be in your best interest to contact the dedicated marijuana defense attorneys at the Law Offices of David Sloane, PLLC.

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Penalties for Possession of Edible Marijuana

If you get caught with less than four ounces of marijuana, you’ll be charged with a misdemeanor. If you’re in Dallas, you could be cited and released. But if you get caught with any amount of edible marijuana, you’ll be charged with a felony.

Texas law places THC extract in Penalty Group 2 alongside substances like MDMA (aka “Molly”). Section 481.116 of the Texas Controlled Substances Act prescribes the following maximum penalties based on the weight of edible marijuana possessed:

  • Less than 1 gram: state jail felony; 180 days to 2 years imprisonment; $10,000
  • 1 to 4 grams: third-degree felony; 2 to 10 years imprisonment; $10,000
  • 4 to 400 grams: second-degree felony; 2 to 20 years imprisonment; $10,000
  • 400 grams or more: life felony; 10 years to life imprisonment; $50,000

Though edibles only contain a tiny percentage of THC by weight, you will be charged based on the entire weight of the product. If you picked up multiple THC treats, the police will weigh everything.

For some perspective on how harshly Texas punishes possession of marijuana concentrates, consider that there are about 453 grams in a pound. Getting busted for just a couple of bags of cannabis edibles could result in the most severe charges possible by law, punishable by a minimum sentence of ten years in prison.

It’s crucial that you have proper legal representation if you’re fighting edible marijuana charges. Contact the Law Offices of David Sloane, PLLC today for a free case evaluation.

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Additional Resources

Marijuana Penalties in Texas | Texas NORML – The Texas branch of the National Organization for the Reformation of Marijuana Laws gives a thorough rundown of Texas’s marijuana laws and penalties. Visit this website to view the penalties for possession, sales, concentrates, and more.

Texas legislation seeks to more fairly assess penalties for cannabis concentrates and infused products – Texans for Responsible Marijuana Policy is a non-profit group that seeks the legalization of marijuana for adults in Texas. HB 186, a proposed piece of legislation introduced by Texas Representative Terry Canales, would update the law concerning possession marijuana edibles. Under Canales’s proposed bill, a person caught with edibles could only be charged for the amount of concentrate actually present in the cannabis-infused food product.

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Defense Lawyer for Edible Marijuana Charges in Texas

Until sensible marijuana policy arrives in Texas, the current laws are still fully enforced. One small mistake could follow you for the rest of your life. If you get caught with edible marijuana, it’s important that you present the strongest possible defense to avoid the full weight of punishment prescribed by Texas law. The Law Offices of David Sloane, PLLC can help.

Attorney David Sloane has a thorough understanding of Texas drug laws, the court system, and the inner workings of law enforcement. The team at the Law Offices of David Sloane, PLLC will put decades of experience to work obtaining the best possible outcome for you.

Call (817) 810-0088 or complete our online form to schedule a free consultation today. We represent clients from the counties of Dallam, Childress, Hardeman, Wilbarger, Clay, and other Texas communities.

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This page was last updated on Thursday, February 7, 2019.