Someone who bought Delta-8 gummies legally before July 31 could now face a felony arrest in Austin based on the packaging, even before a laboratory determines what’s actually inside.
Since a Department of State Health Services rule was reinstated July 31, possession of less than 1 gram of Delta-8 has been a state jail felony punishable by 180 days to two years behind bars and a fine of up to $10,000.
But the penalty is based on the “aggregate weight,” which includes anything added to dilute the drug. That means if the sugar and gelatin in a single gummy push the weight above a gram, the charge could carry a prison sentence as high as 10 years. If it’s 400 grams or more, the maximum penalty is life in prison…