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Jackson & Pearland Lawyer > Blog > Drug Crime > Are Cannabis Gummies Legal In Pearland? Criminal Charges Relating To Marijuana Under Texas Laws

Are Cannabis Gummies Legal In Pearland? Criminal Charges Relating To Marijuana Under Texas Laws

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Marijuana is a hot topic in the United States and in Texas. With the number of states that have legalized marijuana growing, legal marijuana usage has become more common – and to some degree, perhaps, less stigmatized—than it was even a decade ago. With the increasing popularity of marijuana has, of course, come the wide variety of different ways to market the infamous drug. From tinctures to leaf, cookies to pre-rolled joints, and vape pens to drinkable THC, marijuana can now be used in many different ways and is often difficult to detect in the case of vapes and edible methods. One such highly popular manner of taking marijuana that has become widely available in many states where marijuana is legal is by ingesting edible marijuana gummies. Marijuana gummy candies are infused with THC and can provide the same “high” as traditional forms of usage such as smoking. Edible THC gummies come in many forms, and often look innocent enough, as visually they appear similar to regular store-bought candy. However, marijuana gummies are still considered a controlled substance under federal law, and are also illegal under Texas laws.

Are Marijuana Gummy Bears “Marihuana” Under the Texas Penal Code?

The Texas Penal Code used the term “marihuana” when referring to what is more commonly known as “marijuana”, “weed” or “pot”. Under the Texas Penal code, marijuana means “…the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” Importantly, under the Texas Penal Code, marijuana does not include “…the mature stalks of the plant or fiber produced from the stalks; oil or cake made from the seeds of plant; a compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake; the sterilized seeds of the plant that are incapable of beginning germination; or hemp….” Essentially, under Texas laws, in Pearland, if a gummy candy contains Cannabis sativa L., then it is deemed to contain marijuana. The Penal Code makes a distinction between Cannabis products and products made from hemp. It is important to note that if a product falls under the definition of “marihuana” under Texas criminal laws, possessing any amount of it is illegal and a person who possesses it can be criminally charged. Criminal charges for marijuana possession under Texas criminal laws range from misdemeanors to felony charges, depending on the amount of marijuana.

Help Defending Your Pearland Drug Crime Charge

With the growing use of marijuana in the U.S., it is easier than ever before to bring marijuana into Texas. Some people might even bring it in unintentionally from other states where it is legal, and find themselves with drug charges in Pearland. This is an especially easy mistake in the case of gummies, which are small and discreet, and look identical to candy in most cases. If you have been charged with a drug crime in Pearland, it is important to contact an experienced Pearland drug crime lawyer. Contact Keith B. French at Keith B. French Law and speak to an experienced Pearland drug crime lawyer to see if he can help and learn your rights and options today.

Source:

statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

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