Criminal Defense

Edible and Vape Pens are More Illegal than you Think

By February 13, 2020 No Comments

In Texas, the amount of marijuana you have is weighed, and anything less than 2 ounces is a Class B Misdemeanor. In my experience, in Austin, these cases are usually dismissed without any criminal conviction. Compare that to being caught with a THC vape pen or edibles, which is immediately a felony. Even having a Vape pen that only has residue in it, results in a felony charge. Here is the kicker, the entire amount of edibles whether it is a bag of candy, candles, or chocolates, will be weighed- not just the amount of THC extract used in making the product. For example:

  • A one gram vape cartridge would carry a punishment range of 2-10 years in prison.
  • A seven-gram cookie would be a second-degree felony, carrying a punishment range of 2-20 years in prison.
  • 1 pounds of brownies? You are looking at a punishment range of 5-99 years in prison. Serious shit. 

Also, Texas police have been known to vigilantly search people returning from marijuana legal states. Driving or flying back with something from Denver or any other recreationally legal state is a very bad idea. 

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