THC Vapes and Marijuana Edibles
So you went to Colorado and had some amazing marijuana edibles or vapes, and you want to bring it back to Texas. You know that leafy plant marijuana is a misdemeanor in Texas, so how bad could edibles be? Extra Bad. Really Bad. Texas has some of the worst marijuana laws in the country when it comes to edibles and vapes. Let’s break down what those laws are and why they are so terrible.
THC is a penalty group 2 controlled substance in Texas. Possession of ANY amount is a felony. That’s right. Any edible or THC vape, no matter how small, is a felony in Texas. One THC cookie = felony. One THC vape cartridge = felony. It’s not like regular plant marijuana, where they have to show a usable quantity either. Any amount is enough; one crumb from your pot brownie = felony.
Let’s look at how awful these laws are. Less than one gram is a state jail felony, which is the same penalty Texas has for meth, cocaine, and heroin. That’s right, the geniuses who wrote our state’s weed laws made pot brownies the same penalty as crack. Great job, guys! What’s a state jail felony? It’s a felony with no parole, so you have to do every day of your sentence, which can be up to 24 months in prison. State Jails were special prisons made to treat drug addiction, but somehow we lumped weed cookie fans in here as well.
But wait, it gets worse. For an edible over 1 gram but less than 4 grams, the offense is considered a 3rd-degree felony. That means you are looking at 2-10 years in prison for EDIBLES. It only gets worse from there. There is no reason for our state’s laws to be this punitive. And the punishments and penalties only go up the more you have, until you are literally facing life in prison for pot edibles or vape cartridges.
What happens after you are arrested for possessing marijuana edibles, or THC vapes largely depends on what county you are in. Many rural/conservatives counties still treat these like real felonies. They are going to try and put you on real felony probation, and they won’t care if they ruin your life because “drugs are bad.” Some prosecutors are less insane and may reduce these to a misdemeanor or even offer pre-trial diversion. The best county locally to have an THC vape or edibles case is Dallas. It helps to have a lawyer with local experience and who knows the courts. So hire someone local on these. Texas also has some weird laws regarding hemp and THC% that might help you out; ask your defense lawyer about that.
If you are arrested for marijuana edibles in Texas, you must hire a defense lawyer immediately. It’s a real go-to prison felony. It’s not something you can just show up and take care of on your own. People really go to prison for this, which sounds insane, but it’s true.
Finally, if you hate our state’s awful marijuana laws as much as I do, consider contacting your State Rep or State Senator and ask them to support cannabis reform in Texas. I’m tired of watching the criminal justice system destroy people over marijuana possession. Other states are moving on, and it’s time for Texas to change our pot laws. Until then, Guest and Gray are proud to fight for cannabis consumers. We offer free consultations on all marijuana cases.