4 Facts About Marijuana Penalties in Texas


Attorney Steve Toland wraps up his series on THC infused products and marijuana laws in Texas. Today he discusses four facts regarding marijuana penalties here in Texas.

1. Marijuana is penalized the same it’s classified.
It’s classified by its descriptions, a green leafy substance, and its weight, which includes the leaves, stalk, and the stem. If it’s four ounces or less, it’s still a misdemeanor in Texas. If it’s a bit over four ounces up to five pounds, then it’s in a range of felonies from state jail felony to a first-degree felony.

2. THC infused products start at a felony.
Those include gummy bears, vape pens, cookies, brownies, all of those things. All of them start at a felony. The reason for that is that Texas quantifies THC products as penalty group two. That is the second-highest penalty group for controlled substances. And for that reason, any THC product, even a single gummy bear, starts at a felony.

3. THC infused products are quantified by their weight, which includes adulterants and dilutants.
The weight includes adulterants or dilutants, so that’s all the other ingredients that go into making the product, for example, a pot of brownies will consist of the weight of the eggs, the flour, the chocolate, etc. That extra weight could very well be a first-degree felony amount, and it’s a simple pan or pot of brownies. Many people, particularly young adults, who traveled to Colorado and came back to Texas, don’t realize that they could be committing a felony just by possessing those things.

5. The amount of THC products can be considered a controlled delivery.
In Texas, we have possession of controlled substances and then possession with intent to deliver. It is often based on the quantity of its usable amount for an individual or is it for more people. The more you have, the more likely you could be charged with a first-degree felony.

As always, if you have any questions about marijuana, THC products, or you know someone who was charged with something like this, reach out to us, we’d be glad to counsel you through it.

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