Except in limited circumstances, Texas prohibits possessing and using marijuana – including edible marijuana. If you currently face a charge for edible marijuana, immediately contact a skilled DWI defense attorney who understands Texas marijuana laws. They can guide you through the legal process, assess the details of your case, and identify possible defenses.
Your lawyer can gather all evidence of your arrest and any relevant medical documentation, if applicable. Your attorney will advise you on whether to negotiate a plea deal or prepare for trial, ensuring you have the best chance of a favorable outcome in your case.
Most Important Edible Marijuana Laws in Texas
Texas sets strict marijuana laws, but has made some recent changes pertaining to certain cannabis products. One of the most important changes involves edible marijuana products, which are now partially allowed under Texas law as long as they meet certain conditions. Understanding these laws can avoid legal trouble.
First, Texas bans recreational marijuana, including edibles. Possessing or using marijuana for recreational purposes, even in small amounts, can lead to criminal charges. The penalties can range from fines to jail time, depending on the quantity and other factors like intent to distribute.
However, medical marijuana is legal under very limited circumstances. In 2015, Texas passed the Compassionate Use Act, which allows certain patients to use low-THC cannabis for medical treatment.
The law originally covered only people with epilepsy, but it has since been expanded to include conditions like multiple sclerosis, ALS, autism, and PTSD.
These patients can legally use cannabis edibles, but the THC content must not exceed 1 percent, which is much lower than many other states allow.
Products containing CBD (cannabidiol) are legal in Texas as long as they come from hemp and have less than 0.3 percent THC. Hemp-derived CBD edibles must comply with Texas’s labeling and packaging requirements.
When buying edible marijuana products in Texas, patients and consumers should purchase them from legitimate sources. Texas prohibits buying, selling, possessing, or using edibles containing higher levels of THC, which states with recreational marijuana laws may allow. Texas only allows products that meet the state’s very strict THC limits.
Finally, Texas criminalizes transporting marijuana edibles across state lines, even if you purchased them legally in another state. If caught, you can face serious penalties, including felony charges.
While Texas has made some progress in allowing limited cannabis products, most edible marijuana products remain illegal. Follow these laws carefully to avoid fines, criminal charges, and other legal consequences.
Potential Penalties and Collateral Consequences for an Edible Marijuana Conviction in Texas
In Texas, the penalties for being convicted of possessing or using edible marijuana can be severe. Texas has some of the strictest marijuana laws in the country, and even though edible marijuana products may be legal in some states, they are mostly illegal here – especially if they contain high levels of THC.
Understanding the potential penalties and collateral consequences of a conviction can avoid life-altering consequences.
If someone is caught with edible marijuana, the penalties they face depend on the amount of THC in the product and how much they possess.
Texas law treats edible marijuana more harshly than marijuana flower because it classified the former as a controlled substance in Penalty Group 2, similar to substances like MDMA and ecstasy. Possession of even a small amount of THC in edibles can lead to felony charges.
For example, possessing less than one gram of THC in an edible is considered a state jail felony, which can result in a sentence of up to two years in jail and a fine of up to $10,000.
Texas makes possessing between one and four grams a third-degree felony, punishable by up to ten years in prison. Possessing larger quantities can result in even harsher penalties, with sentences ranging up to life in prison for large amounts of THC.
Beyond the criminal penalties, a conviction for edible marijuana possession carries significant collateral consequences. These consequences are indirect penalties that go beyond jail time or fines. For example, a felony conviction can result in the loss of voting rights and the right to own or possess firearms.
A conviction can also make finding a job or renting a home difficult, as many employers and landlords perform background checks and may be unwilling to hire or rent to someone with a criminal record.
A drug conviction can also affect a person’s ability to receive federal student aid, making paying for college more difficult. In addition, professionals such as teachers, nurses, or lawyers can lose their licenses to work in their fields.
Defending Against a Charge for Edible Marijuana in Texas
Texas has strict marijuana laws, especially for THC-infused edibles, but with the right defense, it’s possible to fight these charges effectively.
One common defense is challenging the legality of the search and seizure that led to the discovery of the marijuana edibles. The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures.
If law enforcement officers conducted an illegal search without a warrant or probable cause, any evidence they found, including edible marijuana, can be thrown out in court. Without this evidence, the prosecution’s case may fall apart.
Another defense can focus on proving that the person charged did not know they possessed an illegal substance. For instance, if the edibles were in a shared space or belonged to someone else, the defense may argue that the accused did not know the edibles contained THC or that they did not knowingly possess the illegal substance.
A lab test challenge is another way to defend against these charges. In Texas, the law is specific about the amount of THC that makes a substance illegal.
Edible products with less than 0.3 percent THC are legal if they are derived from hemp. If there is a question about the THC concentration in the edibles, the defense can demand independent lab testing to ensure that the prosecution’s evidence is accurate. If the test shows that the THC level does not reach the legal limit, the court or prosecutor can drop the charges.
You can use medical necessity as a defense in certain cases. While Texas has strict rules about medical marijuana, the state does allow certain individuals with qualifying medical conditions to use low-THC cannabis under the Compassionate Use Program.
If the person charged with possessing edible marijuana has a valid medical condition and prescription, they can use this condition as part of their defense.
Finally, you can negotiate a plea deal if the prosecutor has obtained strong evidence. Sometimes, an attorney can work out a reduced charge or lighter sentence in exchange for a guilty plea.
How Can a Lawyer Help If You Are Facing an Edible Marijuana Charge in Texas?
If you face an edible marijuana charge in Texas, a drug defense lawyer can make a significant difference in the outcome of your case.
Texas has some of the strictest marijuana laws in the country, and edible marijuana products are treated even more harshly than marijuana in its plant form.
A lawyer can provide valuable guidance and defense strategies as you navigate the legal process and potentially avoid serious penalties.
- First, a lawyer can thoroughly examine the circumstances of your arrest. They will determine whether the police had probable cause to search your vehicle, home, or person. If police violated your rights during the search, an attorney can file a motion to suppress the evidence. Without that evidence, the prosecution may not prove their case, which can lead to a dismissal of the charges.
- An attorney can also negotiate with the prosecution. If the evidence against you is strong, an attorney can negotiate a plea deal that reduces the charges or the penalties. For example, instead of facing a felony charge, your lawyer may negotiate for a lesser misdemeanor charge, significantly reducing your sentence and the long-term consequences of a conviction.
- Furthermore, a drug defense lawyer can challenge the evidence, such as lab results that determine the amount of THC in the edible product. Texas law only prohibits edibles with THC levels higher than 0.3 percent. An attorney can request independent lab testing or challenge the accuracy of the prosecution’s evidence to cast doubt on whether the edibles were illegal under Texas law.
- In cases where you have a medical condition, a lawyer can also explore the possibility of using a medical necessity defense. If you qualify for medical marijuana under Texas’s Compassionate Use Program, an attorney can present evidence showing that the edible was necessary for treating your condition.
- Finally, a lawyer will guide you through the complex legal process, explaining your rights and options at every stage. They can ensure you do not make mistakes, like speaking to the police or prosecutors without proper representation, which can hurt your case.
An attorney can protect your rights, negotiate on your behalf, and build a strong defense to give you the best chance of a positive outcome in your case.
Available Options If You Face an Edible Marijuana Charge in Texas
When facing an edible marijuana charge in Texas, accused individuals (defendants) often grapple with the decision of whether to take their case to trial or accept a plea deal. Each option comes with its own set of risks and benefits that can significantly affect the case outcome.
Choosing to go to trial can be a bold move, especially in Texas, where the laws regarding marijuana are strict. One of the primary advantages of taking a case to trial is the opportunity to challenge the prosecution’s evidence.
A knowledgeable defense attorney can cross-examine witnesses, question the legality of searches, and present evidence that supports your innocence. If the jury finds you not guilty, you walk away without a criminal record, which is a significant benefit.
However, going to trial also comes with risks. Trials can be lengthy and expensive, and there is no guarantee of a favorable outcome. If the court finds you guilty, the consequences can result in harsher penalties than you may face with a plea deal.
In Texas, possession of edible marijuana can lead to felony charges, which carry significant jail time and fines. The stress and uncertainty of a trial can also take a toll on your emotional well-being.
On the other hand, accepting a plea deal often provides a more predictable outcome. In many cases, a plea deal can reduce the charges or the penalties you face.
For instance, instead of being charged with a felony, you can plead guilty to a misdemeanor, which typically carries lighter consequences, such as reduced jail time, smaller fines, or probation. This option can eliminate the stress of a trial and offer a quicker resolution to your case.
However, accepting a plea deal means admitting guilt, which can have long-term consequences, including a permanent criminal record. This record can affect your future job prospects, housing opportunities, and even your ability to obtain certain licenses. Weigh the potential future repercussions of a guilty plea against the benefits of resolving the case quickly.
The decision to go to trial or accept a plea deal should be made after careful consideration and discussion with an experienced criminal defense attorney.
They can provide guidance on the strength of the evidence against you, the potential penalties, and the likelihood of a successful trial outcome. Informed decisions can help to ensure the best possible result for your situation.
Speak to an Experienced Criminal Defense Lawyer in Texas Today
If you are currently facing an edible marijuana charge in Texas, you need a skilled criminal defense lawyer in Austin, Texas advocating for you at every stage of your case. Your drug defense lawyer will meet with you to discuss your charge, go over your available options, and pursue a favorable result in your criminal case.
