Bringing Marijuana To Denton From Oklahoma or Colorado?
Texas, along with states like Florida and Arizona, retains some of the nation’s harshest legal penalties for those convicted of marijuana-related crimes. Because Texas has an international border where drug trafficking remains a serious problem, penalties for breaking drug laws in Texas will remain stiff for the foreseeable future. Despite these tough legal deterrents, some Texans have been returning to the state with marijuana, oils, vape pens, and marijuana edibles purchased in Colorado and, from our neighbor, Oklahoma.
The first thing to know about this is; oils, vapes and edibles are NOT made with leaf marijuana. They do not have any plant matter in them. The popular products are made with THC (tetrahydrocannabinol). THC is the chemical in leaf marijuana that provides the “high.” Because THC can be legally purchased in Colorado and Oklahoma, many Texans have come to believe that it is fine to drive to such places, purchase THC products, and return home to Denton and other areas of Texas. Texas state law, however, prohibits the possession of THC and leaf marijuana within the state of Texas. Worse still, while a personal use amount of leaf marijuana is only a misdemeanor in Texas, the smallest amount of THC in Texas is a felony. A bag of THC gummies, because of the weight, will be a Second Degree Felony punishable by up to 20 years in prison.
Marijuana and THC Remain Very Illegal In The State Of Texas
It seems that some Texans either do not understand this or do not want to understand it. To quote the Dallas Observer’s Christian McPhate, “Despite countless warnings on websites by Texas criminal defense lawyers about the danger of hauling back innocent-looking gummy bears, cookies or chocolates, countless Texans are loading up on marijuana extracts in Colorado, where they’re legal, and heading cross country into Texas and the waiting arms of law enforcement.” Texas Law Enforcement is cracking down on this trend. If you or someone you know is considering driving to Colorado to buy marijuana or THC edibles, it is time to rethink those plans.
Charges and Sentencing for Marijuana Possession in Texas
It is against Texas State Law to bring marijuana into the state of Texas, even if legally obtained in a different state. Depending on the amount you are caught with, you could face any of the following charges:
- It is a misdemeanor charge for any amount less than 2 ounces. If convicted, you will face penalties of up to 180 days of jail time and a fine not to exceed $2,000.
- It is also a misdemeanor charge for possessing between 2 and 4 ounces. However, if convicted, you face harsher penalties, including up to 1 year of jail time and $4,000 in fines.
- It is a felony charge for possessing between 4 ounces and 5 pounds. If convicted, you will penalties of up to 2 years of jail time and fines of no more than $10,000.
Many Texas Prosecutors still aggressively prosecute and seek the harsh penalties for marijuana possession, even if legally obtained in Colorado or Oklahoma. The types of THC and marijuana products that are illegal to possess in Texas include:
- Edibles
- Oils, Ointments, and Other Mixtures
- All Paraphernalia
- Concentrates / Oil Cartridges / Wax
- Any and all parts of the plant itself (seeds, buds, clones, etc.)
What so many Texans who commit this crime fail to understand is that the penalties for bringing concentrates, waxes, and oils across the state line are even more severe than those listed above for possession of flower, or the plant itself.
The facts are simple, marijuana may be the most widely used recreational drug in the United States today. However, possession of weed, cannabis, pot, bud, and marijuana has the power to land a non-violent offender behind bars for years and saddle them with a permanent record as a drug offender. If you or a family member in Denton or the surrounding area is currently facing drug possession or drug trafficking charges in the state of Texas, call The Peugh Law Firm today for a free consultation.