Arrested For Possession of THC Other Than Marijuana

(IE: Edibles, Brownies, Etc.)

Have you been arrested for possessing a marijuana edible?

Are you asking yourself “Why, if it’s just marijuana, am I being charged with a felony?”. While there are a growing number of states where the sale and possession of marijuana edibles are legal, Texas is not one of them. There is plant marijuana which can be smoked, and then there is tetrahydrocannabinols (THC) other than marijuana which in Texas is a felony, regardless of the amount. The Texas Health and Safety Code sec. 481.183 lists THC other than marijuana as a penalty group 2 drug. Marijuana edibles legally available for purchase in Colorado, for example, include hard candies, cookies, chocolate bars, gummies, etc. These edibles are made by infusing cannabis, in its concentrated form THC, in the recipe. It is because of this concentration of THC that Texas has increased its penalties.

Penalties for THC Other Than Marijuana (Edibles, Brownies, Etc.)

Mere possession of even less than 1 gram of a marijuana edible is a felony in the state of Texas. Take this frightening situation – a person takes plant marijuana and cooks it with water and butter over low heat for several hours and uses the cannabutter to make a pan of brownies. Because the Health and Safety Code of Texas holds an individual responsible for the total weight of the controlled substance, including all adulterants and dilutants, that half-pound pan of brownies is over 200 grams exposing you to up to 20 years in prison. Give it to your friends and the state can say you now delivered a penalty group 2 substance between 4 grams and 400 grams, charge you with the first degree felony, that carries a range of penalty between 5 years to 99 years, or life in prison. The MORE you have – the LONGER the sentence in prison can be.

Your Best Defense

The first thing that happens is we have a confidential talk, and you tell me how you were arrested. My focus is determining whether there has been an illegal search or seizure. If the facts and the law support this constitutional violation, then the marijuana cannot be introduced into evidence. You WALK away – case DISMISSED.

While determining whether the drugs can be legally suppressed, I am also paying close attention to determine if there is a factual defense.

  • Was it found on you, or in a car where you were a passenger?
  • Were you a guest in someone’s home?
  • Do other people borrow your car or were you driving a borrowed car?
  • Do you share a purse or backpack?

While trying to find the proper defense to lead to a dismissal, or an acquittal, years of experience has taught me that rehabilitative efforts reflect positively on my clients. Recognizing that judges, juries, and prosecutors appreciate rehabilitative efforts, I have a number of professionals including psychologists, addiction counselors, and rehab facilities that I work closely with to achieve optimum results.

Call Me Today

Call me today for a free consultation at 713-521-0059. This is a strange and frightening journey that you have no choice but to undertake. I have successfully guided countless clients who have been charged like you with possession of edibles to successful outcomes. Put my 40 years as a former prosecutor and criminal defense attorney to work for you. Don’t delay, call me TODAY, because evidence we may need to get to help you might be gone TOMORROW.

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Serious problems require serious lawyers.  

Call Houston marijuana defense attorney Paul Schiffer today at (713)-521-0059 to start strategically building your defense.