Can I get Arrested for Possession of Edibles or Marijuana Oils?

The Possession of Edibles or Marijuana Oils can be More Serious than Marijuana Possession in Some Instances.

The possession of small amounts of marijuana, under four ounces, is considered a misdemeanor, with possible sentences of no more than a year in jail and up to a $2,000 fine. In some cases, first offenders will only get probation. Some jurisdictions in Texas may be more lenient than others. However, edibles and marijuana typically contain something called THC, which can also be added to food products. The possession of any amount of THC is a felony .

What is THC and How Does it Differ from Marijuana?

THC stands for tetrahydrocannabinol, which is one of more than 100 cannabinoids in cannabis. It is also the primary psychoactive constituent. People use concentrated THC resin to make oils for edibles and consumables for sale. You may also purchase the oil directly to add to other food and drinks. In a state like Colorado where marijuana is legal, products made with THC are usually treated the same. However, in Texas, the law is very strict when it comes to THC possession.

Texas Treats Possession of THC as a Serious Offense

On the street, you may hear THC referred to as hash, hash oils, or dabs. Texas does not consider these to be the same as marijuana, and instead categorizes them with more serious drugs like PCP or ecstasy. Penalties for possession of THC is based on the amount. Where you can get into serious trouble is that Texas will consider the total weight when it comes to edibles. Brownies that contain THC will be weighed in their entirety, making the amount in your possession significantly higher. Penalties for THC are:

  • Under one gram is a state jail felony with up to six months to two years in jail, and a fine of up to $10,000.

  • One gram to 3.9 grams is a third-degree felony with no less than two and no more than 10 years in jail, and a fine of up to $10,000.

  • Four grams to 399 grams is a second-degree felony, subject to two to 20 years in jail, and a fine of up to $10,000

  • 400 grams or more is a first-degree felony with a minimum of 10 years to a life sentence and a fine of up to $50,000

Because this is a drug offense, the state of Texas will also automatically suspend your driver’s license in the event you are convicted.

CBD Oil May be Legal in Texas

CBD oil is made from cannabidiol oil and is non-psychoactive. CBD oil made from industrial hemp is considered legal in Texas, which has given rise to countless stores selling CBD oil products. However, the Texas Department of State Health Services is busting retailers who are selling food made with it because they claim control over the regulation of any food product made with CBD oil.

Be wary, as not all CBD oil is legal. If there is a trace of THC, you could be charged with misdemeanor possession of a controlled substance.

Retain a Skilled Travis County Criminal Defense Attorney

If you have been arrested because of edibles or marijuana oils, it is important to speak with an Austin criminal defense attorney right away. Contact Granger and Mueller PC at 512-474-999 to schedule a free initial consultation.

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