What Happens If You Get Caught With Edibles?

As the landscape of cannabis legislation evolves, it is crucial to remain informed about the potential consequences of possessing edibles, including the legal ramifications that may ensue.

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There are three possible reasons why you’re reading this article:

  1. You live in an area where weedibles are illegal.
  2. You didn’t learn from Brittney Griner’s mistake and you’re traveling with a THC product to another state or country.
  3. You want to try a THC-infused treat for the first time, and you are doing some DD.

Whether 1, 2, or 3, you’re clearly intelligent because you’re concerned about your future and the possible repercussions; that’s a power move my friend.

Legal Disclaimer:

The information provided in this article is for educational and informational purposes only. You should not take this as professional legal or medical advice, and you should not misconstrue the information you find here as such. You should never use the contents of this article as a substitute for professional legal or medical advice, diagnosis, or treatment. You should always seek the advice of a qualified legal professional or healthcare provider with any questions regarding a legal or medical issue. If you rely on any information in this article, this is done solely at your own risk.

STORY TIME

You’re headed to Cancun, Mexico and you want to bring some of your favorite pot gummies from THCGummies.com (shameless plug).

Standing between you, euphoria, blissful relaxation, and white sand between your toes is a man named Dave.

Dave is a TSA agent and he hates it when passengers try to sneak edibles on his planes.

Tsa agent catches passenger with thc gummies
Dave, the tsa agent that doesn't like you.

Unfortunately, Dave thinks you’re packing reefer in your carry on.

Dave was right, and Dave demands answers… 

So, What’s Your Next Move?

Being knowledgeable and prepared of what to say, what not to say, and documents to have with you, is something I’ll teach you. 

However, I’ll be candid, knowing the specific legal repercussions that you’d be facing from this  particular scenario is unclear, but ONLY because the rules and laws of edibles vary state-by-state and country-to-country.

With that said, I’ll share several of the possible penalties you could face if the unfortunate event ever occurs between you and Dave in the future. 

Also, below are the topics I’ll be covering in this article (click on the titles to jump to the section of your choice):

Most Common Ways & Places People Get Caught With Edibles

If you get caught with edibles by law enforcement, the consequences can range from a misdemeanor drug charge to a degree felony, depending on the state and local laws and the amount of marijuana in the edibles. Penalties can include jail time, fines, and a criminal record. 

The severity of the consequences depends on various factors such as the amount of marijuana, your criminal history, and the type of edibles (hemp-derived vs. marijuana-derived). Let’s explore these consequences in greater detail.  

Enjoy hemp blue raspberry jet fuel gummies

TSA / Air Travel (and Dave)

The common question is, “What happens if TSA finds my edibles?” While the TSA primarily focuses on security threats, they are required to report any illegal substances found during security screenings. If you’re caught with THC edibles in your carry-on bag at the airport, you may face criminal charges and have the edibles confiscated.

Toy cop is arresting a thc gummy bear

Driving While Intoxicated (DWI) & Consequences

DWI involving THC edibles can result in severe penalties, including:

  1. License suspension
  2. Jail time
  3. Fines
  4. Mandatory drug education or treatment programs

The severity of these penalties depends on the state, the presence of any prior offenses, and whether the DWI caused harm to others.  

The Repercussions: Jail Time, Fines, & Criminal Records

Penalties for first-time offenders caught with THC edibles may include probation, community service, drug education programs, and fines. However, if you are caught, and you already have multiple offenses, or are caught with a substantial amount of marijuana, you may face more severe penalties, including longer jail time.

  • Misdemeanor: Jail time could range from a few days to a year, and fines can vary from a few hundred to thousands of dollars.
  • Felony: Jail time could range from one year to life imprisonment, depending on the severity of the offense and your criminal history. Fines can reach tens of thousands of dollars or more.
Lawyers attorneys thc gummies on the desk

How Various Jurisdictions Classify Marijuana Edibles

Here are some references discussing the treatment of edibles as THC concentrates in various jurisdictions:

  1. This source discusses how states classify marijuana edibles under their drug laws. It explains that in some states, marijuana edibles are treated as THC concentrates. In others, they may be considered a separate category of drugs or be treated similarly to marijuana.
  2. This California-specific source explains that under California law, marijuana edibles are treated as cannabis products, not marijuana plant material. Possession of marijuana edibles falls under the possession of concentrated cannabis, which carries its own set of penalties.
  3. This document from the Colorado Department of Public Health and Environment provides information on marijuana laws in Colorado. It states that marijuana edibles are considered marijuana-infused products and are regulated as such, separate from the marijuana plant material and marijuana concentrate.
  4. This resource from the National Conference of State Legislatures provides an overview of marijuana laws in the United States. It explains that states may have different classifications and regulations for marijuana edibles, concentrates, and other marijuana products.

Treating edibles as THC concentrates or as a separate category may vary by jurisdiction. Always consult local laws or seek advice from a criminal defense attorney in a specific state to understand the classification and treatment of marijuana edibles in that area.  

Tips To Better Avoid Getting Caught By Law Enforcement

To avoid getting in trouble with law enforcement, keep these tips in mind:

  1. Choose Hemp-derived Edibles over Marijuana-Derived: Overall, your chances of obtaining a lesser punishment is to abide by federal law. This does not mean you could never be charged where even hemp-derived products are illegal. It just means it’s better to be somewhat within the law than not at all.
  2. Consider getting a Medical Marijuana License: Being under the care of a licensed medical professional is always a good idea and adds another layer of protection.
  3. Know the local laws: Familiarize yourself with both the industrial hemp and marijuana laws in your state and any states you plan to visit.
  4. Avoid crossing state lines: If you don’t know the local laws, never transport THC edibles across state lines, even if both states have legalized marijuana.
  5. Keep edibles out of sight: Store edibles in secure, odor-proof, discreet, inconspicuous, secret stash containers to avoid drawing attention and detection.
  6. Avoid consuming in public: THC edibles are illegal in most states, even those with legal marijuana.

You’ve Been Arrested For Possession Of An Edible, What Do You Do?

If you find yourself facing criminal charges for possession of marijuana edibles, take these steps:

  1. Remain calm and respectful: Do not argue with the law enforcement officer or try to dispose of the edibles. If law enforcement questions you, be cooperative and respectful, but… you don’t have to say anything .
  2. Exercise your right to remain silent: Inform the officer that you wish to remain silent and consult with an attorney.
  3. Request an attorney: If exercising your right to remain silent does not work, request legal counsel. You’ll want an experienced criminal defense attorney.

 

If you’re caught with hemp-derived edibles, it’s crucial to prove their legality to a police officer

  • You must only buy edibles online legally from sources that can prove that the edibles are hemp-derived.
  • Purchase you edibles only from reputable sources with great customer feedback and a few years of business operations to ensure the brand or online retailer you’re buying from has been compliant for consecutive years.

Now, here are the two documents you should always have on you:

#1. Third-Party Lab Report

Keep the third-party lab reports with you if you are traveling with your edibles: Retain the original packaging to further prove the legality and to transparently indicate to any law enforcement officer the edibles’ CBD and THC content.

#2. The History Of U.S. Court Cases Resulting In The Defendant’s Favor

With every order placed at THCGummies.com, our customers get a copy of this document to keep with them for their protection and proof that the products you have in your possession are federally legal. 

Very experienced criminal defense attorney sitting at desk talking to client

Conclusion

Grasping the legal complexities of THC gummies, marijuana-infused brownies, and other hemp-derived THC products. This is essential to avoid getting caught with edibles and legal issues. Stay up-to-date with your state’s and the federal regulations of edible cannabis products and exercise caution when carrying edibles and crossing state lines.

Ensure you have the third-party lab reports for all your hemp-derived THC gummies and similar confections. Being prepared and armed with legal documentation is far better than getting caught off guard and not knowing what to do. Knowledge is power; with the right information, you can enjoy THC gummies responsibly and safely.

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