Many Texans assume that THC gummies or edibles fall into a legal gray area. In San Antonio, however, getting caught with them can quickly become a serious criminal case, even if you bought them legally in another state.
Possession of marijuana edibles in San Antonio or Bexar County is treated differently from marijuana flower, with more severe consequences. Fortunately, there are legal defenses available, and with the right strategy, a marijuana edible possession charge does not have to define your life.
Below, our San Antonio marijuana edibles possession lawyer explains what you need to know, what penalties you could face, and how to protect your record.
Are Marijuana Edibles Illegal in Texas?
Despite the growing national acceptance of cannabis, marijuana edibles remain illegal in Texas under the Controlled Substances Act. The difference lies in how the law categorizes them: edibles are considered THC concentrates or extracts, not marijuana in plant form.
That classification places them under Penalty Group 2, meaning even a single THC-infused brownie or gummy can trigger a felony charge. Texas prosecutors weigh the entire product, not just the THC content, so the chocolate, sugar, and packaging all count toward the total weight. What might seem like a small personal amount could legally qualify as a serious offense.
What Is the Penalty for Marijuana Edibles in Texas?
Criminal penalties for possessing edibles are steep because the law classifies them as controlled substances rather than simple marijuana possession. The severity of the punishment is based on the weight of the edible product:
- Less than 1 gram—state jail felony of 180 days to 2 years in jail and up to a $10,000 fine;
- One to 4 grams—third-degree felony carrying a penalty of 2 to 10 years in prison and up to a $10,000 fine;
- Four to 400 grams—second-degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine; and
- Over 400 grams—first-degree felony punishable by 5 to 99 years or life in prison and up to a $50,000 fine.
These harsh penalties often surprise first-time offenders. How your case unfolds in San Antonio depends heavily on the circumstances of your arrest and how prosecutors classify the product.
How the State Handles Edibles Cases in San Antonio
While some Texas cities have taken steps to de-prioritize low-level marijuana enforcement, Bexar County prosecutors still pursue THC-related cases aggressively, especially where edibles or concentrates are involved.
Typically, seized products are sent by law enforcement to a DPS lab. The lab’s weight report, which confirms the THC concentration, is then used to classify the charge. Marijuana edibles are usually seized in these or similar circumstances:
- Traffic stops where officers discover THC gummies or cartridges,
- Airport screenings that uncover edibles in carry-on or checked luggage, and
- Students or professionals returning from states where edibles are legal.
Although these cases can feel intimidating, a skilled defense lawyer can challenge how law enforcement obtained, tested, and handled evidence. You can also challenge how the prosecutor categorized the offense. Such challenges can lead to the dismissal or reduction of charges, or probation as an alternative to a harsher sentence.
Defenses for Marijuana Edible Charges in Texas
While every case presents unique circumstances, your attorney for marijuana edibles defense in Texas can investigate various strategies, such as:
- Unlawful search or seizure. If law enforcement performed an illegal search or lacked probable cause, your lawyer can petition the court to exclude critical evidence.
- Lack of knowledge. You may not have known the product contained THC, especially if it was mislabeled.
- Lab testing errors. THC content and classification errors are common in these cases.
- First-time offender programs. Sometimes, eligible individuals may qualify for diversion or deferred adjudication to avoid a conviction.
Having a lawyer who knows Bexar County courts and local procedures can be critical to successfully negotiating good results in these cases.
Relief for First-Time Offenders in Bexar County
First-time offenders in Bexar County often have options, but they’re not automatic. The earlier you involve a defense lawyer, the more opportunities you’ll have to pursue a good result, such as:
- Pre-trial diversion programs—which can lead to complete case dismissal after completion;
- Deferred adjudication—allowing you to complete probation and later request non-disclosure; or
- Case reductions—where a skilled attorney negotiates the case down to a lesser charge.
Your eligibility depends on the specifics of your case, but working quickly after your arrest gives you the best chance at protecting your future.
Why Clients Choose Austin Hagee Law Firm
At Austin Hagee Law Firm, our clients benefit from the experience and courtroom skill of our founding attorney, Austin Hagee. He has a background as a former Bexar County prosecutor and extensive experience handling drug possession cases in San Antonio. His approach blends strategic negotiation with trial readiness, ensuring that every aspect of your defense is thoroughly considered.
The firm routinely helps clients charged with THC and marijuana possession to obtain dismissals, reduced penalties, and sealed records. You’ll work directly with an attorney who knows the local courts, prosecutors, and processes, not a case manager or assistant.
Arrested with Weed Gummies? Our San Antonio Marijuana Edibles Possession Lawyer Can Help
A THC edible possession charge doesn’t have to destroy your future. Whether you’re a student, a professional, or a parent worried about the long-term consequences of such a charge on your child’s life, our team can help you take control of your case.
Our San Antonio marijuana edibles possession lawyer will explain your rights, challenge the evidence, and pursue every path toward dismissal or reduction. The earlier you act, the stronger your position will be, contact us by calling us at 726-223-6041.
Your life isn’t defined by one mistake, but your next move can change the outcome.
FAQs
Are Marijuana Edibles Illegal In Texas?
Yes. Texas law bans THC products not authorized under the state’s limited Compassionate Use Program, including gummies, brownies, candies, and THC-infused beverages.
What Is The Penalty for Marijuana Edibles?
Possession of THC edibles is treated as a felony under Penalty Group 2, with sentences ranging from a few months in jail to life in prison, depending on weight.
Can First-Time Offenders Avoid Jail Time?
Often, yes. San Antonio judges may consider diversion or deferred adjudication for non-violent, first-time offenders with no intent to sell or distribute.
Do Police Test Edibles for THC?
Yes. The Texas Department of Public Safety performs lab testing to confirm THC content, results that your lawyer can review and challenge.
Is Marijuana Legal In San Antonio?
No. Although local enforcement priorities may vary, THC edibles remain illegal statewide and are prosecuted as felonies in Bexar County.
Resources
- Texas Compassionate Use Program. Texas Department of Public Safety, link.
- What kind of cannabis can you buy in Texas? How to understand what’s in the products for sale. Houston Public Media, link.
- Texas Marijuana Laws. Texas Cannabis Information, link.
- Cannabis & the Law. Texas State Law Library, link.
- THC ban stalls out down the homestretch of Texas special legislative session. The Texas Tribune, link.