by Houston Criminal Defense Attorney

But, I can legally buy Hemp Milk? Marijuana Oil vs. CBD Oil vs. Hemp Oil.

Marijuana Oil

Marijuana oil or cannabis oil is extracted from the marijuana plant. It contains high levels of THC (you will get “high”) and lower levels of CBD. Marijuana oil is currently illegal in Texas, unless prescribed under Texas’ Compassionate Use Act.

CBD Oil

CBD oil or hemp extract is extracted from the hemp plant and contains high levels of Cannabinoids with undetectable to nearly undetectable levels of THC (you will not get “high). The legality of CBD oil in Texas is “dazed and confused” to say the least with lawmakers, law enforcement, and Texas attorneys all having different opinions.

Hemp Oil

Hemp Oil is sourced from hemp seeds. As such there is no THC (unlike Marijuana Oil) and no cannabinoids (unlike CBD Oil). This is why you can purchase hemp milk at your local grocery store and it is 100% legal.

by Houston Criminal Defense Attorney

The Houston Police Department’s Thoughts on CBD Oil

Below is a clip from the Houston Police Department, Harris County Attorney and the Houston Forensic Science Center regarding their thoughts on Cannabis and cbd oil.

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CBD Oil Businesses Must Seek FDA Approval

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Marijuana Extract as a Schedule 1 Drug in Texas?

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The Leg: Bills and Potential Laws for Marijuana and Hemp in 2019

Is Marihuana Legal in Texas?

No marihuana and products derived from marihuana are not legal in Texas. Unless your possession or selling marihuana falls under the strict guidelines of the Compassionate Care Act.

Is Hemp Legal in Texas?

No hemp and hemp derived products are not legal in Texas. Despite federal law reclassifying and making it legal to cultivate Industrial Hemp (e.g. less than 0.03% THC), possessing or selling hemp derived products containing THC is still a felony in Texas.

Are Local Agencies Making CBD Oil Arrests?

It depends. In Tyler, TX the Tyler Police Department recently sent a letter to several Tyler businesses advertising CBD products for sale reminding them to do so is illegal. In Tarrant County, the district attorney is on record that while CBD Oils are illegal, they don’t plan on spending resources to prosecute. Other counties feel the same. Harris County for example doesn’t arrest persons caught with low levels of marijuana (less than two (2) ounces).

What About Proposed Bills in the Upcoming Legislative Session?

Marihuana and CBD Oils are cash cows. Cash cows become hot topics and Marihuana and CBD oils certainly qualify as hot topics heading into the 2019 Legislative Sessions. Here is a look at some bills.

Bills that add to the Compassionate Care Act:

• House Bill 1365: making it lawful to possess THC products for “debilitating medical conditions”
• House Bill 1405: making it lawful to possess THC products for those in hospice care
• Senate Bill 400: legalizing medical cannabis by any means other than smoking

Bills that decriminalize THC products:

• House Bill 186: would amend the weights used to measure marijuana to lessen the penalties.
• House Bill 551: would change the penalty structure for THC products

Of Note:

Senate Bill 116 aims to research and legalize industrial hemp (less than 0.03% THC), similar to its federal counterpart.

Texans for Responsible Marihuana Policy, a group that includes NORML, is prioritizing two objectives 1) to decriminalize small amounts of Marihuana and 2) to legalize medical marihuana.

Republicans and Democrats both seem to agree that Texas marihuana laws need to be restructured. Republican representatives responsible for the Compassionate Care Act are also adding bills to extend THC use to more than just epilepsy (e.g. multiple sclerosis).

What to Expect with Marihuana and CBD Oil Laws in Texas?

My guess is Texas will follow the nation’s progressive trend softening penalties on possessing small amounts of marihuana and broaden medical marijuana use to additional (but not all) illnesses. i’m not convinced Texas will make the jump to legalize CBD oil, deciding instead to devote resources toward researching and studying the benefits of CBD oil.

We’ll know soon enough.

by Houston Criminal Defense Attorney

Texas CBD Attorney Sam Adamo

In Texas any amount of THC in a product is going to be considered illegal,” CBD Texas Attorney Sam Adamo says.

http://www.kltv.com/2019/02/19/tyler-police-send-letter-businesses-known-sell-cbd-products/

by Houston Criminal Defense Attorney

Bill passes in favor of Hemp CBD Products

Is hemp legal now? the Drug Enforcement Agency’s (DEA) and the Food and Drug Administration’s (FDA) responses will tell.

*Update: December 21, 2108: the FDA is on the record saying until the new regulations (Farm Bill Act) officially take effect, the FDA will continue strict enforcement of all cannabis products. The good news for those in the hemp industry is the FDA is open to start looking more closely at CBD, including steps toward the lawful marketing and selling of the products.