January 16, 2023

Gummies on table

While THC gummies are consumed for recreational and medicinal purposes, it cannot be assumed that they are legal in every state, especially Texas. The Lone Star state continues to crack down hard on drug possession, even those that seem pretty harmless, such as THC gummies. You may be surprised at the levels of punishment.

It’s essential to stay informed on Texas drug possession laws regarding THC so that you can avoid fines and imprisonment.

Is THC Illegal in Texas?

Many parts of the United States have legalized THC and Marijuana, but these substances are still illegal in Texas and can carry severe punishments. 

Texas Health and Safety Code Section 481.116 states that if a person knowingly possesses a controlled substance listed in Penalty Group 2-A, that person has committed an offense. 

Although marijuana does not fall into drug penalty group two, THC does, as it is more concentrated and has an increased effect on the brain. Other drugs found in this group are ecstasy and PCP. 

What are THC Gummies?

THC gummies are edible cannabis products that are infused with THC, the primary psychoactive ingredient found in marijuana. THC gummies are one of the most popular edible forms of cannabis products, and they come in various shapes and flavors.

Many enjoy consuming THC gummies because they are discreet and easy to take, as the THC is already measured out. The effects can be experienced without smoking, vaporizing, or handling oil droppers.

Are THC Gummies Legal in Texas?

THC Gummies are not legal in Texas. Even one THC gummy bear can imprison you for up to two years. 

What Happens if You Get Caught with Edibles in Texas?

The state of Texas is known to have some of the harshest drug possession laws. If you are found with anything less than one gram, you can face a state felony jail charge of 180 days to two years. There is no chance of being released early, and you may even be fined up to $10,000. You may also be sentenced to community supervision.  

1-4 Grams of THC

If caught with one to four grams of THC, you face a third-degree felony, and it grants a minimum of two to ten years in state prison. The convicted person may also have to pay a fine of up to $10,000.

4-400 Grams of THC

If you are caught with four to 400 grams of THC you are facing a second-degree felony, and it grants a minimum of two to twenty years in state prison. The convicted person may also have to pay a fine of up to $10,000.

400 or More Grams of THC

If you possess over 400 grams of THC then you are committing a first-degree felony, and it grants a minimum of 5-99 years in prison and a fine up to $50,000. 

It’s also important to realize that it is tough to determine the amount of THC in edibles; when they are seized, the whole product is weighed. A large portion of brownies could mean a lengthy prison sentence, even if they have tiny amounts of THC. 

Flying with Edibles in Texas

It is illegal to transport any amount of marijuana products in Texas, even if you are traveling through and have obtained them in another state where they are legal. 

You can face criminal charges if you are caught with edibles at the airport. TSA agents do not specifically look for marijuana, though they will turn it over to local law enforcement if they find it. It is best never to travel with any form of THC in Texas.

CBD Edibles in Texas

Many people confuse THC gummies with CBD gummies, another cannabis edible. THC gummies are much stronger as they can contain more than 20% THC; CBD gummies must legally contain less than 0.3% THC.

Unlike THC gummies, CBD is a non-psychoactive product. As long as CBD edibles contain less than 0.3% THC, they remain legal to possess or sell in Texas.

In 2015, the Texas Compassionate Use Act was passed. This allows oils infused with cannabidiol to be used for pain relief and seizure treatments. A doctor must prescribe this for patients that experience epilepsy. This act will not help your defense if you are charged with possessing THC or marijuana because CBD is a different substance.

While CBD products are advertised as having shallow levels of THC, if you have them and they are sent off for laboratory testing, and more significant amounts of THC are found, you will face criminal charges.


In many instances, you cannot travel through most parts of America with any THC or marijuana products. This means that even though you may get them legally in your home state, you can’t take them across the border. If you are caught with any marijuana products in your carry-on or carry-on bag, you could face hefty penalties. 

The legal status of THC gummies and other edibles varies by state. Some states have more relaxed regulations regarding these products than others. 

If you want to avoid legal issues, staying on the right side of the law is best. Know the laws and restrictions in your area before you partake.  

If you are found in possession of THC Gummies, hire the help of a criminal defense attorney in Texas to help you with your case. Call 713-470-4097 and get in touch with Napier Law Firm today!