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are cbd edibles legal in texas

Are cbd edibles legal in texas

A few years ago, hemp was legalized at the federal level thanks to a Farm Bill that enables people to cultivate, sell, and possess the hemp plant and hemp-related compounds, such as CBD (cannabidiol). In these cases, the level of THC (tetrahydrocannabinol) content found within the product must be less than .3 percent. Hemp and marijuana are both cannabis plants, but marijuana tends to contain much more THC, making it a drug that can provide its users with a high. Since the Farm Bill has made CBD products more common, and marijuana has been legalized in other states, Texas has also changed its policies. In June of 2019, Texas passed a bill legalizing hemp such that the state would be in agreement and coordination with the federal government. However, despite this new legislation, you cannot buy just any edible product that contains CBD, and possession of any product with a THC level above 0.3% could lead to potential criminal consequences. In some instances, possessing marijuana edibles could land you in jail, and some prosecutors in Texas are even issuing warnings to the public that the wrong edible could bring with it significant penalties.

Texas Laws Related to Possession of Edibles

From a wide variety of snacks containing CBD to essential oils and other unique products, the edible market is expanding in this country, including Texas. However, if an officer seizes your edibles and the subsequent testing concludes that its THC content is above the legal threshold, then you may be charged with a state jail felony, and a conviction could result in up to two years in prison and $10,000 in fines. Here are some important things to keep in mind about possession of edibles in Texas:

While small amounts of edibles are often less suspicious and less likely to get seized and tested, when officers and prosecutors are considering drug charges, they are looking at the entire weight of the edible product as well as the THC content. Therefore, you might want to avoid making an entire pan of THC-infused brownies.

If you have been charged with a crime in connection with THC gummies or other edibles, the time to contact Doug Murphy is now. With so much at stake, you must be sure your future is in good hands, and an experienced advisor must be involved in the process as early as possible.

Possession of between one and four grams of THC is considered a third-degree felony and can carry a prison sentence between two and 10 years and a fine of up to $10,000.

Even upon serving your sentence and paying off fines, you may still face additional repercussions stemming from a drug conviction. Having a drug conviction on your criminal record could mean troubles later in finding employment or rental housing. Moreover, a felony conviction means you can no longer vote or own firearms, so if you can avoid having a drug conviction on your record, all the better.

If you are accused of possessing more than 400 grams of THC, this falls into the category of first-degree felonies, which could mean 5 to 99 years in prison and a fine of up to $50,000.

CBD Exception: Compassionate Use Act

Because of this peculiarity, a large container of THC cookies could bring not only a felony charge but also up to 20 years in prison even if their actual THC content is low.

THC gummies and other edibles are not considered in the same penalty category as marijuana; they are part of drug penalty group two, which is among the most heavily regulated drug penalty groups. Other drugs in this group include ecstasy and PCP. The rationale behind placing THC in his group and attaching harsher penalties than those associated with marijuana is that THC is more concentrated than marijuana, including in its effect on the user’s brain.

To be abundantly clear, if you are facing charges related to THC edibles or marijuana in Texas, the Compassionate Use Act will not help in your defense as it addresses the possession and use of an entirely different substance.

Penalties for THC Edible Possession in Texas

THC oil is also sold separately in places where it is legal to do so and may be added to foods or drinks at the discretion of the owner.

As with all criminal charges, if you have prior convictions — especially for drug crimes — your future could be even more in jeopardy because of just a small amount of THC. If you have already have a drug conviction on your criminal record and are facing THC-related charges, it is even more imperative that you speak with an experienced criminal defense attorney as soon as possible to make sure you are protected.