by Houston Criminal Defense AttorneyGauging the temperature: Hemp & CBD in Texas
As of April 2, 2019 (note: hemp is anything but a static point in Texas, it is a wave in constant change).
by Houston Criminal Defense AttorneySeminole County CBD Businesses Beware
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
Yes
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).
No
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.
by Houston Criminal Defense AttorneyI’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!