Avoid a THC Felony in the State of Texas: Know the facts
As marijuana, THC and CBD products have become more popular in the US, many don’t realize that they remain very illegal in the state of Texas. In fact, possession of ANY amount of THC is a felony offense in the state of Texas and could result in prison time.
Did you know…Possession of ANY amount of THC in the State of Texas is a FELONY offense?
As marijuana, THC and CBD products become more popular in the US, many don’t realize that they remain very illegal in the state of Texas. In fact, possession of ANY amount of THC is a felony offense in the state of Texas and could result in prison time. Due to the products often being consumed in ways such as lotions, drinks, edible treats, etc., the lab often cannot separate the exact amount of THC from the product as a whole. As such, people may have a product that does not actually contain a high level of THC but they are charged as if the entire product contains THC. For example, if you went to Colorado or another state that has recently legalized marijuana, THC and CBD, and you purchase and bring back to Texas a 16 ounce smoothie containing THC, you would be charged with a First Degree Felony. This is the same level of felony that is charged against someone who committed Murder. This is due to the 16 ounce beverage being the equivalent of 453 grams. Even though the smoothie is not actually 100% THC, the police will treat it that way and you will be charged as if you possessed more than 400 grams of THC.
Many who vacation out of state and are bringing back what they believe are legal marijuana products are learning that in Texas. That is simply not the case. Also, many of our teenagers are vaping and using THC products. Often, they see THC as “not that different” than marijuana. However, in Texas marijuana and THC are still treated much differently under the legal system.
First: What’s the difference?
Hemp or CBD – Comes from the Cannabis sativa plant but must contain 0.3 percent THC or less to be legal in the State of Texas. Because the THC level in hemp and CBD is so low, it is unlikely to get you high. Hemp plants are high in CBD and low in THC.
Marijuana – Comes from the Cannabis sativa plant but typically contains high amounts of THC and moderate amounts of CBD, depending on the strain.
THC – Comes from Cannabis plants and is the primary psychoactive component in marijuana and other preparations of the plant. It is synthetically engineered. In Texas, it is legally defined as any substance containing more than 0.3 percent THC. Often, marijuana dispensaries sell potencies from anywhere between 15-30 percent THC.
How is it ingested?
Hemp or CBD – Can be in the form of a pill, softgel, gummy, tincture drops or other edible means. There are also topical CBD oils and lotions. You can also smoke CBD oil in a vape. There are CBD transdermal patches and even bath bombs. New CBD-based products are coming out every day.
Marijuana – While most often smoked, marijuana can also be ingested in the form of a pill, softgel, gummy, tincture drops or other edible means. There are also topical marijuana oils and lotions.
THC – Can be in all the forms stated above, but also can be consumed through juices, smoothies, other beverages or edible means.
What are the penalty ranges for illegal Marijuana and THC in Texas?
Charge | Penalty | Incarceration | Max. Fine |
Possession of Marijuana < 2 oz | Class B Misdemeanor | Up to 180 days | Up to $2000 |
Possession of Marijuana 2-4 oz | Class A Misdemeanor | Up to 1 year | Up to $4000 |
Possession of Marijuana 4 oz to 5 lbs | State Jail Felony | 180 days – 2 years | Up to $10,000 |
Possession of Marijuana 5 to 50 lbs | Third Degree Felony | 2-10 years | Up to $10,000 |
Possession of Marijuana 50-2000 lbs | Second Degree Felony | 2-20 years | Up to $10,000 |
Possession of Marijuana More than 2000 lbs | First Degree Felony | 5-99 years | Up to $50,000 |
Possession of THC (PG2 or 2-A) Less than 1 gm | State Jail Felony | 180 days – 2 years | Up to $10,000 |
Possession of THC (PG 2 or 2-A) 1-4 gms | Third Degree Felony | 2-10 years | Up to $10,000 |
Possession of THC (PG2 or 2-A) 4-400 gms | Second Degree Felony | 2-20 years | Up to $10,000 |
Possession of THC (PG 2 or 2-A) More than 400 gms | First Degree Felony | 10 years-Life | Up to $50,000 |
Manufacture/ Delivery of THC (PG 2 or 2-A) Less than 1 gm | State Jail Felony | 180 days – 2 years | Up to $10,000 |
Manufacture/ Delivery of THC (PG2 or 2-A) 1-4 gms | Second Degree Felony | 2-20 years | Up to $10,000 |
Manufacture/ Delivery of THC (PG2 or 2-A) 4-400 gms | First Degree Felony | 5-99 years | Up to $100,000 |
Manufacture/ Delivery of THC (PG2 r 2-A) More than 400 gms | Special First Degree Felony | 10 years-Life | Up to $10,000 |
Falsifying a Drug Test | Class B Misdemeanor | Up to 180 days | Up to $2000 fine |
***A person’s driver’s license is automatically suspended upon final conviction of a drug offense.
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