are cbd edibles legal in texasDecember 15, 2021
Over the past year, Delta-8 fell into a "grey area" when it came to whether or not it was legal in Texas. However, the Texas Department of State Health Services updated its website to say "all other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I Controlled Substances."
Delta-8 is a THC compound that can be found in cannabis that can give the user a similar high effect to marijuana just not as strong. "It is a product that is made inside of labs. It starts with the CBD isolate and CBG isolate using chemicals and synthetic solvents and acids. They can actually convert that into Delta-8," said Zachary Maxwell, President of the Texas Hemp Growers.
"If you're caught with Delta-8, as much as a cartridge for vaping, or even gummies, then you could be charged with a felony possession and that could be facing a two-year prison sentence as well as up to $10,000 in fines," said Maxwell.
Delta 8 is a cannabinoid sold as edibles, tinctures, pills, topical ointment, you can smoke it and vape it. Most CBD dispensaries and vape stores sell it.
Delta-8 has become so popular recently in the state that the Texas Hemp Growers are estimating the market is worth nearly $50 million in the state.
"We had something similar before last year. The DSHS tried to ban smokable hemp. We were afraid of the beginning, but then they got sued and they lost because they don't have authority so it's not their decision to make and I'm pretty sure it's going to happen again," said Millman.
"It's a shame and, as a business owner, it definitely will be a big loss of income, and it's not just the money, we are here also to help customers," said Oz Millman, Owner of Green Herbal Care.
AUSTIN, Texas – The state of Texas now says a substance in the same family as marijuana called Delta-8 is illegal to use or sell. This comes as a surprise to many since Delta-8 can be easily found at smoke and CBD shops across the state.
Despite what DSHS has released on its website, Millman says he has decided to keep Delta-8 products on his shelves for now until a judge makes an official ruling, and he can get a clear answer.
Many shops have been making some serious profits through this, but now that it has been recently deemed illegal, they are questioning if the state can do this.
Millman says he had to hear about the Delta-8 update from his customers. He says most of his inventory is some form of Delta-8 and makes up for most of his profit.
Millman agrees there needs to be more clarification on Delta-8, and that'll come with a lawsuit. "There needs to be legal action. There needs to be a judge that issues an injunction so that this is no longer a ‘maybe it's legal, maybe it's not’. It needs to be affirmed yes or no," he said.
THC oil is also sold separately in places where it is legal to do so and may be added to foods or drinks at the discretion of the owner.
Even upon serving your sentence and paying off fines, you may still face additional repercussions stemming from a drug conviction. Having a drug conviction on your criminal record could mean troubles later in finding employment or rental housing. Moreover, a felony conviction means you can no longer vote or own firearms, so if you can avoid having a drug conviction on your record, all the better.
To be abundantly clear, if you are facing charges related to THC edibles or marijuana in Texas, the Compassionate Use Act will not help in your defense as it addresses the possession and use of an entirely different substance.
Texas Law Concerning Possession of Marijuana vs. THC Edibles.
THC is a cannabinoid found in cannabis and is also the main psychoactive component of marijuana. While marijuana is typically smoked, THC is generally consumed through its oil added to various edibles such as gummies, lollipops, and other candies.
Another concern with CBD products is that although many are advertised as having no or low THC content, that may not be true. If you are stopped in Texas and have a CBD product that the authors send off for laboratory testing and the results show THC, you could be facing criminal charges. Accordingly — just as with THC edibles — even though they may legal where you bought them, it doesn’t necessarily mean you can bring them into Texas without criminal consequences.
If you have been charged with a crime in connection with THC gummies or other edibles, the time to contact Doug Murphy is now. With so much at stake, you must be sure your future is in good hands, and an experienced advisor must be involved in the process as early as possible.
Texas considers THC edibles, gummies, lollipops, and similar products to be in a different penalty category than marijuana, which means the consequences of getting caught with even just a bag of THC gummy bears on your way home from Colorado — where possession of them is legal — is a felony.
Possession of between one and four grams of THC is considered a third-degree felony and can carry a prison sentence between two and 10 years and a fine of up to $10,000.
Possession of between four and 400 grams of THC is a second-degree felony and carries a prison sentence of between two and 20 years in prison and a fine of up to $10,000.
Collateral Consequences of THC Edibles Felony Conviction.
If you are accused of possessing more than 400 grams of THC, this falls into the category of first-degree felonies, which could mean 5 to 99 years in prison and a fine of up to $50,000.
As with all criminal charges, if you have prior convictions — especially for drug crimes — your future could be even more in jeopardy because of just a small amount of THC. If you have already have a drug conviction on your criminal record and are facing THC-related charges, it is even more imperative that you speak with an experienced criminal defense attorney as soon as possible to make sure you are protected.
THC gummies and other edibles are not considered in the same penalty category as marijuana; they are part of drug penalty group two, which is among the most heavily regulated drug penalty groups. Other drugs in this group include ecstasy and PCP. The rationale behind placing THC in his group and attaching harsher penalties than those associated with marijuana is that THC is more concentrated than marijuana, including in its effect on the user’s brain.
If you’re wondering how much is too much THC for Texas law, you might be surprised to know that even just one THC-infused gummy bear, which weighs less than four grams, could subject you to 180 days to 2 years in prison.
CBD Exception: Compassionate Use Act.
While you may think that the law considers marijuana and THC products to be the same, that simply is not the case in Texas. The Texas Controlled Substances Act governs state law concerning drugs, including their classification into different penalty groups as well as for various penalties for the offenses of possession, manufacture, and delivery.
Under Texas law, possession of a small amount of marijuana (less than four ounces) is a misdemeanor, but possession of marijuana extracts, such as the hash or resin of the plant, is a felony. Note, however, that possession of higher amounts of marijuana can also be charged as a felony, and all levels of penalties include potential fines.
Texas Health and Safety Code Section 481.116 provides that the possession of less than one gram of a THC edible can result in a state jail felony charge. In Texas, a state jail felony conviction carries a minimum of 180 days in jail with a maximum of up to two years; the sentence must be carried out in full, with no chance of early release. Fines of up to $10,000 may also be assessed. Convicted offenders may also be subject to community supervision.
All forms of THC concentrates are illegal in Texas. These concentrates include oils, waxes, sugars, and powders, and they may be eaten on their own, sprinkled on food, or otherwise mixed with food or drink to be ingested.
That is, you may certainly purchase THC edibles where it is legal, but you may not then bring those same products across state lines into Texas without potentially facing legal problems if caught.