Almost all marijuana is illegal in Texas.
Texas has a very small medical marijuana program called the Texas Compassionate Use program that only applies to a single medical condition and uses heavy restrictions. All other marijuana use, consumption, and possession is illegal in the state of Texas.
This is true regardless of where you got the marijuana. So, what you bought legally in Colorado will not be legal to even possess in Texas.
The severity of the offense and, therefore, the penalty for using, consuming or possessing “simple” marijuana varies according to the weight of the offending substance.
Possession of under four ounces is merely a misdemeanor, but any amount above four ounces is a felony subject to at least 180 days’ incarceration. Any amount between four ounces and five pounds carries a sentence of 180 days to two years in state jail and up to a $10,000 fine.
It gets worse though, once you have processed marijuana.
If you extract the hash or resin from the plant, possession is immediately a felony, no matter how little you may think you have. The same is true for any products made from the extracts. Possessing between four and four hundred grams of hash or extracts is a second-degree felony and carries a penalty of between two and twenty years behind bars. Possessing less carries less harsh penalties but even under one gram will earn you between 180 days and two years in state jail.
Five pounds may sound like an awful lot of marijuana for someone who isn’t dealing, but it’s much easier to hit that weight than you might think!
Having two pounds of brownies can earn you life in prison.
If you are weighing plants, the laws won’t surprise you. The useable parts are simply weighed.
If you are weighing how much pot is going into a joint, the laws won’t surprise you. That pot or those joints are simply weighed.
If you have been caught with edibles, the laws will surprise you.
In Texas, the entire edible is weighed and NOT merely how much extract was used in making the product. The whole bottle of gummies. Every brownie. The bag of candy.
Remember where we said you could face up to twenty years in prison for under four hundred grams of concentrate? That’s not a lot. At all. Four hundred grams is under a pound (0.88 lb, to be exact.)
What happens after that four hundred grams? The mandatory minimum for possessing over four hundred grams of concentrate is twenty years. There is no maximum. So if you have even one pound of brownies, you can face anywhere from twenty years to life in prison, and Texas is actively policing travelers returning from states where marijuana can be obtained legally. (https://www.dallasobserver.com/news/on-texas-marijuana-trail-edibles-come-with-a-high-price-11282252)
If you think you might be stopped while in possession of any marijuana or marijuana-related products (including accessories,) keep a criminal defense attorney’s phone number saved in your phone in case you need it.
To learn more about this issue or to consult with one of our attorneys, call the Flores Harbour Law Office today for a private consultation (940) 387-3909.