Is Synthetic Marijuana Legal in Texas?

Synthetic marijuana is a chemical compound meant to mimic the effects of real marijuana. Typically, it is sold as potpourri and is comprised of a mix of spices, herbs and shredded plant sprayed with a synthetic THC compound (cannabimimetics), which is the psychoactive ingredient in real marijuana. Synthetic marijuana is usually called Spice, K2, Bombay Blue, Black Mamba, Genie, Fake Weed and Zohai.

The problem with K2 is the companies that make it change the drug composition all the time and it is still technically legal in some states. However, there have been reports of negative effects that range, but can include severe agitation, intense hallucinations, seizures and even death. That said, Texas passed a law September 2015 that made synthetic marijuana illegal.

What Happens If I am Caught with K2?

Under the Texas Controlled Substances Act (Section 481.1031), synthetic marijuana is any chemical compound mimicking the effects of marijuana. The punishment for being caught with it on your person is the same as being charged with possession of marijuana. This means it falls under Penalty Group 2-A, which is determined by how much you are caught with.

  • Less than 2 ounces is a Class B Misdemeanor, which carries a $2,000 fine and up to six months in jail
  • Between 2 ounces and 4 ounces is a Class A Misdemeanor and can carry a $4,000 fine and up to one year in jail
  • Between 4 ounces and 5 pounds is a State Jail Felony, which carries a $10,000 fine and between six months and two years in jail
  • Between 5 pounds and 50 pounds is a 3rd Degree Felony, which carries a fine of $10,000 and two to 10 years in jail
  • Between 50 and 2,000 pounds is a 2nd Degree Felony, which carries a $10,000 fine and two to 20 years in jail
  • 2,000 pounds or more is a 1st Degree Felony, which carries a $50,000 fine and five to 99 years in jail

Given that marijuana use is illegal in Texas, synthetic marijuana can be seen as an attractive alternative. And since no serious harmful side effects have been discovered for marijuana, many assume synthetic marijuana is a harmless substance. However, Texas laws are changing and many do not know K2 can not only be damaging to your health, but also carry the weight of serious consequences if you are caught with it. If you’ve been caught with synthetic marijuana, a Texas criminal defense lawyer can help protect your rights.

The Goolsby Law firm is a Texas criminal defense law firm that helps those in the Dallas, Plano and Denton areas. We haven’t lost a case in more than 15 years and we don’t intend to start now.



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