Seminole County, Texas: Lubbock DA Issues Legal Warning About CBD Oil
The Lubbock Texas District Attorney’s Office recently issued a warning regarding CBD products to local hemp businesses.
Is the Lubbock District Attorney Right?
As is the norm with CBD Products, sort of and our CBD lawyers have written about it here. THE YES: legit CBD products most likely contain THC. Even if you have a lab report like this
Legit Hemp and CBD products most likely contain at least some level of THC. THC is an illegal substance in Texas under Tex. Health & Safety Code 481.103. Specifically, THC falls under Penalty Group 2 and a single bottle of oil can be prosecuted in Texas as a Second Degree Felony (2 – 20 years).
As of the date on the Lubbock District Attorney’s social media post, even CBD products without THC (classified as “marijuana extract”) could be prosecuted as a misdemeanor under Tex. Health & Safety Code 481.119. However the phrase “marijuana extract” is set to be removed as a Schedule 1 Narcotic on April 5, 2019, thus CBD products without THC are legal as long as they do not fall under or contain another unlawful substance.
I have a CBD lab report saying THC is Not Detectable (ND).
If you have a CBD lab report that looks like something like this . . .
. . . then you are off to a good start. However, that does not mean: 1) that there isn’t any THC at all in the CBD product, and 2) that the lab’s testing methods meet the quality, standards and guidelines of Texas testing methods. So while having a lab report stating your CBD product does not have a “detectable amount” of THC is a good start, it does not mean that is entirely the case creating another big issue for CBD business owners.