As marijuana becomes legal in more States, the States where is it still illegal (Texas) are happily continuing to arrest and prosecute those that possess it. As you come back from Colorado with your legally purchased marijuana, you should know that not all marijuana is treated the same in Texas.
Possession of marijuana in its plant form will most likely be a misdemeanor – you have to work to get to a felony – we are talking over 4oz. If you are interested you can look at the statute here: Health and Safety Code section 481.121. This visual guide found on Leafly.com gives you an idea of how much marijuana you can carry and still be in the misdemeanor range.
<—That is one ounce. You can have 4x that and still be in the misdemeanor range
<— Less than one gram of oil or wax is a FELONY!
On the other hand 1 gummy bear made with a trace amount of Tetrahydrocammabinols (THC), a Penalty Group 2 controlled substance, is a felony in Texas. If you don’t believe me here is the link to Health and Safety Code section 481.116.
One standard gummy bear weighs 2.6 grams. That means this bear (if infused with THC) is a 3rd degree felony. The range of punishment for a 3rd degree felony is 2-10 years in prison and up to a $10,000 fine!
Teenagers really need to avoid the bears – or any edibles for that matter. Parents – teach your children well that they have to stay away from all forms of oil – CBD included – yes CBD is illegal in Texas!!!
Don’t be fooled; CBD oils still are a derivative of the marijuana plant and even though there is a low ratio of THC it still falls within the definition of a Penalty Group 2 Controlled Substance. Some of you may be protesting that your CBD has no THC, but you are taking a huge risk in relying on the manufacturer who is most likely not approved by the FDA. This could be one of those moments that even though you could win the case, you are still sitting in the back of a police car facing felony charges. Don’t forget that here in Montgomery County, Texas, the ancillary conditions of bond are not a cake walk.
Now that you feel terrified – Let’s take it up a notch: Your “friend” left an empty vape cartridge in your car that has some remnants of the oil – guess what? That is a felony too!
Under section 481.116 of the Health and Safety Code, there is no requirement for the substance to be a “useable quantity.” So although an empty bowl of burnt marijuana may not amount to an offense for possession of marijuana, an empty vape with trace amounts of THC most definitely could.
Mixing the marijuana plant into a food may also expose you to the risk of felony prosecution. Technically it should be a misdemeanor, however, law enforcement departments often charge edibles as felonies. They don’t have the time or tools to differentiate – odds are they will charge you with the most aggressive charge and let the DA’s office figure it out later.
What does this all really mean? The bottom line is that felonies cost more to defend than misdemeanors. So not only are you criminally charged with a felony but you will be financially charged too.