Lab results show Jacob Lavoro had 2.5 grams of THC in a batch of pot brownies, but the Texas teen faces prosecution for the batter’s weight as well.
Because Lavoro used hash oil, prosecutors can use the weight of the brownies to charge him with manufacturing and distribution of 1.5 pounds of that category of controlled substances, McDonald said.
“If this was just some college kid experimenting in his friend’s Easy-Bake Oven, with a reefer’s worth of pot and a bunch of brownies, that’d be different,” District Attorney Mark Brunner told the TV station. “This man was trying to run a business.”
Lavoro was arrested in April after police searched his Williams County apartment and allegedly found brownies laced with marijuana and hash oil packaged to sell at $25 per square.
His neighbor had called police after smelling marijuana.
Lavoro faces a felony charge because the brownies allegedly contained hash oil, which is extracted from marijuana plants but has a concentrated amount of THC. Unlike marijuana, hash oil is in a penalty group with amphetamines and ecstasy.
But the 19-year-old’s defense attorney, Jack Holmes, hopes the court will reduce his felony drug charge which could land him in prison for anywhere between five years to life if convicted.
Authorities have also said there was a separate jar that had 145 grams of hash oil.
In Colorado, where recreational marijuana is now legal, edible products are required to be easily divided into servings of 10 milligrams of THC – about the amount in a medium-sized joint.
“I’m scared,” Lavoro said Wednesday at the pre-trial hearing. “I’m 19 years old and still have a whole life ahead of me. Take that into account.”
District attorneys apparently offered Lavoro a plea deal to a lesser felony charge with no jail time if he stayed out of trouble, but Lavoro didn’t take it because he couldn’t promise he could meet the mandatory court date.
Lavoro has collected supporters since his apprehension. A petition to reduce his manufacturing and delivery of a controlled substance charges to a misdemeanor has collected about 243,000 signatures, according to KFDA-TV.