CBD Oil, is it Legal? It’s complicated – CBD Oil Lawyer
CBD Oil, is it Legal? It’s complicated – CBD Oil Houston Lawyer
What is CBD Oil?
CBD oil (cannabidiol) is one of over 113 known cannabinoids found in the cannabis plant. What it lacks in psychoactive effects, it makes up for in health benefits and can assist in treating such ailments as: seizures, anxiety, depression, arthritis, sleep deprivation and PTSD. To date, CBD Oil remains unregulated by the Food and Drug Administration causing wide discrepancies in the product’s ingredients and quality. This matters, because it is how the oil is processed that impacts its legality.
Is CBD Oil Legal?
Before diving into the legality of CBD Oil under both federal and state law, we must understand how the two regulatory bodies interact. Federal law applies to the nation as a whole, whereas state law applies only to that particular state. Simple enough.
The supremacy clause says that if federal and state laws clash, federal law prevails. So, if a there is a contradiction between federal and state law, when you are in the state you can follow the state law, but the feds can still pick you up if the activity is illegal under federal law.
What Is CBD Oil legal under Federal Law?
Yes, if it is produced within federal guidelines. For CBD oil to fall within the DEA’s guidelines it must “consist solely of parts of the cannabis plant excluded from the Controlled Substance Act of marijuana.” That is, it must come from the “mature stalks of such plant, fiber produced from such stalks, oil or . . . and other . . . derivative, mixture, or preparation of such mature stalks.”
What Is CBD Oil legal under Texas Law?
CBD is legal at the state level where marijuana is legal for recreational use (e.g. Alaska, California, Colorado, DC, Maine, Massachusetts, Nevada, Oregon, Vermont). Twenty-nine states (and counting) have made marijuana legal for medicinal use in various quantities and CBD is also considered legal under those state laws, irrespective of the THC content of the source of the oil. Remember though, under federal law there are strict guidelines, so the CBD oil with higher concentrations of THC may be legal in Colorado, but illegal under federal law.
Is CBD Oil Legal in Texas?
No, unless you fall within the qualifications set by the Compassionate Use Act. That is:
- You possess CBD Oil in conformity with Texas State Law (made from the mature stalks of the Cannabis sativa plant); or
- You are prescribed the use of medical CBD oil and
- You use “low-THC” CBD.
Texas defines “low-THC cannabis” as having no more than 0.5% THC. In contrast, the feds define “low-THC cannabis” as having no more than 0.3% THC.
If you don’t fall within this exemption then possession of CBD oil containing any amount of THC is against Texas law and you could be punished up to 180 days in jail and/or up to a $2000 fine. That being said, our Houston CBD Oil Lawyers have received phone calls from persons accused of possessing CBD Oil who have initially been charged with felonies. This is because authorities are often unsure what the oil is.
In the end, be careful out there. Know what you are purchasing and even more importantly know what you are putting in your body. CBD Oil made from the mature stalks of the Cannabis sativa plant are likely in conformity with both Federal and Texas State law. If you choose to indulge, look for a products advertised as “industrial hemp” or “mature hemp.”
Terroristic Threat out of Travis County (Austin) Dismissed
https://www.facebook.com/adamoandadamo/posts/1968800636477573
Does the government need a warrant to obtain cell site location information?
Cell phones perform their wide and growing variety of functions by continuously connecting to a set of radio antennas called “cell sites.” Each time a phone connects to a cell site, it generates a time stamped record known as cell site location information (CSLI). Wireless carries collect and store this information for their own business purpose. A person’s phone number and phone records may then be used to pinpoint their location over a specific time period.
The question is whether the government may seize the phone records without fist obtaining a warrant supported by probable cause.
The answer as seen in Carpenter v. United States is yes.
In Carpenter, the government acquired the defendant’s phone records via a court order (as opposed to a probable cause warrant) to pinpoint his location and show he (or his phone) was at the location where several robberies took place.
On appeal, the United States Supreme Court, in a 5-4 decision ruled a person has an expectation of privacy in the wealth of information provided by cell sites, including their location, and the 4th Amendment applies. As such, absent a lawful warrant supported by probable cause, the phone records were obtained unlawfully and should not have been used at trial.
Temporary Harris County Court Locations
As the Harris County criminal justice system continues to evolve following Harvey, below are the current court locations and times for both county criminal courts at law (misdemeanor) and district criminal courts (felony).
Don’t take the Bait: Texas DWI Interlock Scams
DWI Texas Interlock and Breathalyzer Scams
You (or someone you know) has just been arrested for Driving While Intoxicated (DWI) in Texas. Prior to appearing for your first court date, a letter arrives in the mail looking like this:
Don’t take the bait. This letter is a scam, aimed at taking advantage of and profiting from persons accused of DWI.
Texas Interlock Scam 1: “SECOND notice”
Truth: This letter has ZERO implications for both your pending DWI case and your Texas driver’s license. Ignore it.
Texas Interlock Scam 2: “regain your driver’s license”
Truth: While it is true your license MAY be suspended after a DWI arrest, it also MAY NOT. You have fifteen (15) days from the date of your arrest to request a hearing on your license. Most Houston and Texas DWI Attorneys will do this for you. If you win this hearing your license will never be suspended, regardless of providing or refusing a breath/blood specimen or refused.
For more about the connection between DWI arrests and Texas Driver Licenses click here.
Texas Interlock Scam 3: “ARREST SEAL PROGRAM . . .”
Truth: Effective September 1, those who are convicted of a DWI MAY be eligible down the road to block the arrest record. Having a Texas interlock or breathalyzer can expedite that process. The problem with this letter, in this instance it was sent prior to a single court appearance and prior to any disposition (final result). In other words, there is no conviction and no court-ordered requirement for the letter’s recipient to install a Texas interlock.
Texas Interlocks and breathalyzers are big business. This letter, filled with scary words like “jail”, “probation”, and “suspensions” is a shady attempt by a company looking to make a quick buck off persons accused of DWI. Ignore it. Don’t take the bait.
Harris County Criminal Courthouse After Hurricane Harvey
Life at the Harris County Criminal Courthouse Post-Harvey
Hurricane Harvey has come and gone, but its impact still looms.
The Harris County Criminal Courthouse no novice to flooding took its worst hit yet during Harvey. Not only were the ground floors flooded, but the sewage pipes burst causing a sh*t storm (literally) within the building walls. Time estimates have the artist formerly known as the HCJC out of commission for nearly a year (if not longer).
As such Houston’s criminal justice system is now spread around three courthouses: the Family Law Center (misdemeanor and specialty courts), the Civil Courthouse Building (felony courts), and the Juvenile Detention Building (juvenile and the 182nd and 351st Criminal District Courts). While all felony courts begin at 8:30 am sharp, the misdemeanor courts are staggered with both 8:30 and 12:30 dockets.
Harris County Criminal Courthouse Locations
Harris County Misdemeanor Courthouse Docket Times
8:30 Docket Call:
County Courts at Law No. 1, 3, 7, 9, 11, 14, 15, and 16
12:30 Docket Call:
County Courts at Law No. 2, 4, 5, 6, 8, 10, 12, and 13
*check your bond papers for the court and time.
High Water: The Impact of Hurricane Harvey on Harris County Criminal Courthouses
High Water: The Impact of Hurricane Harvey on Harris County Criminal Courthouses
Harris County Criminal Courthouse
The Harris County Criminal Courthouse is a mess. Word on the street has the courthouse flooded past at least the twelfth floor. County engineers are currently assessing the building’s structural integrity and have yet to make a determination on its future.
Reality: The building needs to be blown up and rebuilt.
Harris County Criminal Court Settings
Per the Harris County District Clerk’s site:
“Due to natural disaster and the prolonged impact from recent flooding, the Harris County Criminal Justice Center will remain closed to the public during the week of September 4, 2017. This affects all cases in the Harris County District Courts Trying Criminal Cases (felony courts) and the Harris County Criminal Courts at Law (Class A or B misdemeanor courts)…
Unless specifically directed otherwise by the court, all cases originally scheduled for court appearances during the week of September 4, 2017, will automatically be rescheduled to appear in court exactly two weeks after the originally scheduled date.
At this time, regular dockets are tentatively expected to resume on September 11, 2017 (time(s) and location(s) to be determined).
Reality: the two-week reset is very optimistic and likely to turn into thirty day resets if not longer. Where these court proceedings will take place is still unknown. When Allison brought the Harris County Criminal Justice Center to its knees, vacant courthouses were used. Those courthouses are no longer available for use.
Jury Duty in Harris County
Per the Harris County District Clerk’s site:
Press Release: Jury duty has been canceled for the week of September 4, 2017. Individuals summoned by the Harris County District Clerk for jury duty during that week do not need to appear and do not need to reschedule.
Reality: Jury Duty for Criminal Cases will not resume for at least thirty days.
Block Party: DWI Nondisclosure in Texas
Recently the Governor signed H.B. No. 3016 allowing those convicted of first time DWIs to have their record non-disclosed (blocked) provided certain criteria is met. The DWI nondisclosure law becomes effective September 1, 2017 and applies retroactively.
DWI Nondisclosure Laws: Blocking a DWI Conviction
I. DWI NONDISCLOSURE – RETROACTIVE:
The new section applies to DWIs convictions both before and after September 1, 2017.
Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. (a) Except as provided by Subsection (b), this subchapter applies to the issuance of an order of nondisclosure of criminal history record information for an offense committed before, on, or after September 1, 2017.
II. DWI NONDISCLOSURE – PROBATION:
DWI nondisclosure if a person plead guilty and received probation.
Sec. 411.0731. PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person placed on community supervision under Chapter 42A, Code of Criminal Procedure:
(1) following a conviction of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and
• “…other than an offense punishable under subsection (d)” means a DWI with a breath alcohol level of 0.15 or more and punished as a Class A misdemeanor. So those convicted of a DWI with a breath or blood sample at 0.15 or more are not eligible for a nondisclosure.
(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose community supervision is not revoked and who completes the period of community supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section if the person:
• A person must successfully complete the probation and pay all fines and costs.
(1) satisfies the requirements of this section and Section 411.074; and
(2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
• A person must not have any prior criminal history other than traffic offenses.
(c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision.
(e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.
• There must be no evidence of an accident with another person. The law seems to allow for single car accidents as long as there were not any passengers.
(f) A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only on or after:
(1) the second anniversary of the date of completion of the community supervision, if the person successfully complied with a condition of community supervision that, for a period of not less than six months, restricted the person’s operation of a motor vehicle to a motor vehicle equipped with an ignition interlock device; or
(2) the fifth anniversary of the date of completion of the community supervision, if the court that placed the person on community supervision did not order the person to comply with a condition of community supervision described by Subdivision (1) for the period described by that subdivision.
• Time Requirements: 2 years from the date probation is completed if an interlock was ordered for at least six months and 5 years from the date probation is completed if there was no interlock ordered for at least six months.
III. DWI NONDISCLOSURE – CONVICTION:
DWI nondisclosure after pleading guilty to the DWI and receiving days in jail.
• Same requirements as above other than the waiting period is 3 years and 5 years respectively.
Sec. 411.0736. PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person who:
(1) is convicted of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and
(2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.0731.
(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person’s sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person:
(1) satisfies the requirements of this section and Section 411.074; and
(2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
(c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted.
(e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.
(f) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section on or after:
(1) the third anniversary of the date of completion of the person’s sentence, if the person successfully complied with a condition of the sentence that, for a period of not less than six months, restricted the person’s operation of a motor vehicle to a motor vehicle equipped with an ignition interlock device; or
(2) the fifth anniversary of the date of completion of the person’s sentence, if the court that imposed the sentence did not order the person to comply with a condition described by Subdivision (1) for the period described by that subdivision.
Overall this DWI nondisclosure law is a huge step in clearing those people who maybe made one mistake and have already served their punishment.