In Texas, marijuana laws can be confusing, and many people are unaware of the severe consequences they may face for possessing edibles or vape pens containing THC. While small amounts of marijuana are often treated as a misdemeanor, possession of THC-infused products can lead to serious felony charges. This article aims to shed light on the surprising legality of edibles and vape pens in Texas and the potential repercussions of being caught with these items.
The Difference Between Marijuana and THC-infused Products
In Texas, the possession of marijuana is weighed, and anything less than 2 ounces is considered a Class B Misdemeanor. In Austin, these cases are usually dismissed without any criminal conviction. However, being caught with a THC vape pen or edibles is a completely different story, as it immediately results in a felony charge. Even having a vape pen with only residue in it can lead to a felony charge.
What’s more, the entire amount of edibles, whether it’s a bag of candy, candles, or chocolates, will be weighed – not just the amount of THC extract used in making the product. This can lead to severe punishment ranges, such as:
- A one-gram vape cartridge carrying a punishment range of 2-10 years in prison.
- A seven-gram cookie resulting in a second-degree felony, carrying a punishment range of 2-20 years in prison.
- One pound of brownies leading to a punishment range of 5-99 years in prison.
These consequences are significantly more severe than those for possessing small amounts of marijuana.
Beware of Traveling with THC-infused Products
Texas law enforcement is known to vigilantly search people returning from states where marijuana is legal. Driving or flying back with THC-infused products from Denver or any other recreationally legal state is a very bad idea and can lead to serious legal trouble.
Protecting Yourself and Your Rights
If you’re facing criminal charges for possession of edibles or vape pens, it’s crucial to have an experienced criminal defense attorney on your side. The Law Office of David Reed is dedicated to providing unwavering dedication and defense to clients in Austin and Central Texas. Don’t hesitate to reach out for the representation you deserve.