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Houston DWI Lawyer > Blog > DWI > CBD, THC, Delta-8 And Drug Possession In Texas

CBD, THC, Delta-8 And Drug Possession In Texas


THC, the part of cannabis that leads individuals to feel high, has been put into products such as gummies, oils, and extracts. These products are illegal, just as marijuana is, in Texas. Delta-8 and CBD have varying levels of THC, but both can result in a DWI charge if you are intoxicated. If you are pulled over by law enforcement in Houston or the surrounding area and they believe you are impaired, an arrest will occur.

There has been a lot of confusion in recent years surrounding intoxication and cannabis derivatives. This makes sense because laws do not always stay the same, they can change over time. But overall, while some U.S. states have moved to legalize marijuana and derivatives of the drug, that is not the case in Texas. With harsh drug laws in place, you need to have a legal professional on your side after a Texas drug arrest. Talk to a Houston DWI lawyer who is an expert in criminal cases.

Different Ways Drugs are Recognized

When an officer suspects drunk driving, there are certain tests they use to confirm or deny their suspicions. But recognizing the use of drugs is different. In these situations, it is common that a series of protocols, including the following, could be employed.

  • Breath tests
  • Analysis of attitude, coordination and behavior
  • Ocular tests, including the horizontal gaze nystagmus and vertical gaze nystagmus
  • Sobriety field tests, from walking and turning to standing on one leg
  • Checking vital signs and pulse level
  • Assessment of pupils and their reaction to light
  • Blood, urine, or salvia toxicological exams

Individuals assessing if a person is under the influence of drugs are typically not medical professionals and the process isn’t scientific. For this reason, it is important you talk to a skilled criminal attorney as soon as possible. There could have been an error in the arrest process that could lead to the charges being dismissed.

Drug Penalties Vary, Prior Convictions Considered

What consequences you will be facing following a Texas DWI conviction will depend on a variety of factors, including the circumstances of the arrest, if you have prior convictions on your record, and if the event was part of a traffic collision with other parties.

Drug possession can be a serious charge. If you are pulled over and an officer discovers marijuana or cannabis derivatives with a level of THC that is .3% or higher, a drug possession charge will follow. Gummies, oils, and edibles look different than the dried plant many associated with pot. But just because the marketing of these products is different, it does not make them legal.

Was there CBD, THC, Delta-8, or marijuana derivatives in your car when you were pulled over in Texas? Discuss your situation with a Texas criminal attorney. Our experienced legal team has experience defending individuals against drug possession charges. Reach out to the legal team at Ayson Law Firm to discuss your options. Contact us today for a free consultation with a Houston criminal defense attorney.

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