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Did you know that being in possession of edibles or oil can result in a FELONY in Texas?!


Are Edibles Legal in Texas?

In short, the answer is no. In fact, possession of edibles in Texas could result in a Felony charge.  

When marijuana first became popular, most people were only smoking it. They would usually roll it up in a joint or smoke it from a pipe.

Now, thanks to the strides that Colorado has made, marijuana can now be ingested via a cookie, oil, and several other forms. As the different uses of marijuana evolve, unfortunately, the punishments have not.

What Are the Punishments for Possession of Edibles in Texas?

Let's start off with the punishments that can result from its original plant form. As with any drug case, the amount you have on you determines the level of charge.

The picture below helps demonstrate the quantity you would need in order to be charged with a Class B Misdemeanor in Texas:

  • In Texas, if you have 2 ounces or less of marijuana (THC), you could be facing not more than 180 days in county jail and/or a fine not to exceed $2,000.
  • As you can see, you can have a pretty decent amount on you before you start facing a felony. To be charged with a Felony you would need more than 4 ounces.


Now, this second picture shows you marijuana (THC) in its edible form as a gummy. THC infused in a gummy, brownie, cookie, or whatever other forms of “edible” available are punished completely differently.

THC found in an edible is classified by the Texas Health and Safety code under Penalty Group 2. So here, the TOTAL edible is weighed to determine the classification of the charge.

Just so you are clear, they are not going to break down the gummy to determine what is THC and what is sugar; the entire thing will be weighed to determine what level of felony you will be charged with! Even if it is less than 1 gram, it is still a FELONY!

So let's take a look at that picture below with the gummies and buds of marijuana. In that case, you would be charged with a Class B Misdemeanor Possession of Marijuana less than 2 ounces and a Felony Possession of a Controlled Substance Penalty Group 2 less than _____ (amount of grams).

Marijuana Oil

Finally, the last picture shows us a vape used to smoke marijuana oil. Oil also falls under Penalty Group 2 and as a result, starts off as Felony. It does not matter if there is one drop left, if the police can send it off to the lab to get tested, you will be charged. Also, another popular item to keep in mind that falls under this category is CBD.


I have seen several CBD stores popping up with claims of low to non-existent THC levels in their products. The problem is that if you get stopped with one of these products and the item gets sent off to a lab and it comes back with levels of THC, guess what you are now facing a Felony! So be careful with getting things from CBD stores as it might get you in trouble in Texas!

So ladies and gentlemen, until Texas decides to legalize marijuana, stay away from the non-plant forms; otherwise you will be stuck with a Felony.

If you have been arrested for possession of marijuana, call the Law Office of David S. Bouschor, II P.C.! We can help defend you against various crimes and will fight vigorously to protect your legal rights. You can call our firm 24/7 by calling (214) 238-9392 or contact us online. Don’t wait before it is too late!

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