I’m Not a Player, I Just Hemp a Lot
Texas Hemp Law Update
Yesterday, the Texas Department of Health Services, specifically the commissioner, declassified “marijuana extract” (i.e. CBDs) from the list of Schedule 1 controlled substances (effective 21 days from now).
Contrary to some, specifically law enforcement, our attorneys have maintained the position this make-shift hemp and CBD provision was unlawful and invalid because of the Federal Agriculture Improvement Act of 2018 (Farm Bill).
Basically, in adding “marijuana extract” initially, Texas was following the Feds lead in making CBDs illegal.. Naturally, when the feds removed it, Texas under law, should have followed suit. They didn’t . . .until just now.
To clarify though, this still doesn’t make hemp legal in Texas.
The artist formerly known as “marijuana extract” made possessing, distributing or selling hemp products a class B misdemeanor (punishable up to 180 days in jail). Some law enforcements agencies (we see you Tyler PD) were even on record as using the now declassified amendment in seizing CBD products. Now that “marijuana extract” has been removed, it is no longer a crime to possess, sell, distribute hemp, UNLESS . . .
it has any THC. THC is still illegal in Texas. CBD oils (and the like) containing any amounts of THC still fall under penalty group 2 as a controlled substance. BUT . . .
district attorney offices and law enforcement agencies are reluctant to pursue and prosecute hemp while the 86th legislative session tries to sort all this out.
Stay tuned . . .
And be sure to contact our Texas CBD Lawyers for more information. Help us, help you!