The Latest on Texas Cannabis, Hemp, and CBD: From DSHS: “The proposed hemp rules are currently undergoing the final approval process prior to adoption and implementation of licensing and registration. We anticipate that the rules will be adopted and in effect by the latter part of July. We hope to have licensing and retail registration implemented and available by the end of July at the latest.”
Texas is currently dancing its best two-step around medical cannabis laws and the use of CBD oil.
The Texas Department of State Health Services (DHSH) considered pulling all CBD-infused products from online and in-store shelves before backtracking and determining to let the state’s lawmakers weigh in during the next legislative session.
Texas has taken very little action in advancing marijuana-related legislation. In fact, you can still get hit with a misdemeanor and sentenced up to 180-days in jail for getting caught with just a single joint! There was of course the extremely limited Compassionate Use Act (S.B. 339), which went into effect back in 2015 allowing low-THC cannabis for treatment of epilepsy through approved dispensaries. Of the three approved dispensaries, one is inactive and the other is on the verge.
As per state legislature, “low-THC cannabis” is defined as:
“…any part of [the Cannabis sativa L. plant] or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:
Not more than 0.5 percent by weight of tetrahydrocannabinol (THC); and
Not less than 10 percent by weight of cannabidiol (CBD).”
You have probably seen CBD products for sale at stores across Texas or advertised online. But, can you get in trouble for buying using, possessing, or selling CBD oil in Texas?
Yes, you can. Currently there is nothing in Texas law suggesting it is legal for stores to sell CBD products or for individuals to purchase and possess CBD products. In fact, CBD oils with any amount of THC fall under the Texas Health & Safety Code and are classified as a controlled substance. The punishment is determined by weight of the entire substance. So one small, eye-drop size bottle of CBD oil can land you 2 – 20.
While both of the bills are indeed game-changers for the CBD industry in permitting hemp-derived CBD oil to be bought and sold (if less than 3% THC & approved by the FDA) while also effectively removing CBD from the DEA’s list of controlled substances, the feds still left the final decision to the states.
So while federal law may allow CBD oil to be bought and sold, it is still illegal in Texas. Now whether or not the authorities are going to come knocking down your door is a different deal and many government entities are electing against using resources to prosecute sellers and buyers of CBD oils and CBD infused products.
The Adamo & Adamo Law Firm is extremely knowledgeable in Cannabis Compliance and Regulatory Law, including both marijuana and hemp. Our attorneys are well equipped to assist cannabis business in a multitude of industry facets and are active members in national cannabis and hemp organizations and associations. Contact our cannabis lawyers to learn how to become part of our team.
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