How Can Edible Brownies Turn Into A Felony Drug Charge?
In Harris County as well as throughout the state of Texas possession of marijuana is illegal except for very narrowly defined medical purposes. Although other states, like Colorado, have legalized the recreational use of marijuana, in Texas the criminal prohibition has not changed. So that means if you were to buy marijuana in a state where it was legal to do so, you cannot bring the pot back into Texas legally.
Life In Prison For 1 1/2 Pounds of Brownies?
The prohibition on marijuana in Texas extends to anything containing tetrahydrocannabinol (THC), which is its major psychoactive ingredient. That includes marijuana in an edible form such as a food product that has THC as one of its ingredients. In baked goods, THC is very popular, like brownies and cookies, since it is soluble in fats (like cooking oil) instead of water.
Although cannabis edibles might not have a lot of active THC in them – and often have just 5 to 10 milligrams – that can still get an individual in serious trouble with law enforcement in Texas. Like a majority of other states, drug possession is classified in Texas as a crime according to the controlled substance’s weight that is taken from the defendant. At that point, a DUI lawyer in Houston TX should be called for assistance. For example, possessing 2 ounces of marijuana or less is considered to be a Class B misdemeanor that is punishable by a $2,000 fine and up to a 180-day jail sentence. However, it is a state jail felony to possess one pound of marijuana. The maximum penalties are a $2,000 fine and a two-year prison term.
So you might be wondering what the big deal is if somebody is caught with a brownie that has 10 milligrams of THC in it. That is under 2 ounces, right? Wrong. The edible’s entire weight is considered by Texas, and not only the THC content when making drug possession charges. So if you had a pound of brownies that you were carrying with you – or approximately 8 servings – then you could be charged with possessing a pound of marijuana, despite the fact that most of what you were actually carrying was flour and butter.
If you think that is an exaggeration, there was a case in Austin in 2015 that was reported in the Austin American-Statesman that a 19-year-old man got arrested for making and selling 1 1/2 pounds of pot cookies and brownies. There was not only THC in the brownies but also “hash oil,” which is a resin of marijuana that has a classification that is similar to ecstasy. In Texas possessing over 400 grams of these drugs is considered to be a first-degree felony with a potential life imprisonment sentence.
If you or someone you know is in possible trouble because of a potential possession charge, please feel free to give us a call or contact Butler Law Firm today!