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CBD oil illegal for most in Texas, but it's being sold anyway
With the number of outlets springing up marketing cannabidiol (CBD) oil, you might think that the substance is legal in Texas.
And you'd be wrong.
possessing CBD oil can be arrested, jailed and fined, according to local attorneys.
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"I've been looking at the news every day on the edge of my seat wondering if one of these police departments is going to raid one of these shops," said Luke Williams, a criminal defense attorney for Barnett, Howard and Williams. "The only thing we can say is CBD oil is not legal in Texas and you have it at your own risk." In Texas, if you have CBD oil with any trace of THC (tetrahydrocannabinol), you could be charged with a felony for possession of a controlled substance, depending on the weight in grams, can carry a range of punishment from 1
80 days in a state jail facility up to 20 years in prison.
Several of our clients have been arrested for possessing CBD oil after officers performed a field test and discovered that it tested positive for THC, the active ingredient in marijuana, Williams said.
medical marijuana under the state's Compassionate Use Act passed by legislators in 2015. Williams said it was sold for sale.
“You start with a felony with THC and it only gets worse than the substance is weighed, "Williams said. “Our research has indicated that THC is a lot like coffee with caffeine in it. Just when you order the caffeine-free there is still a trace amount of caffeine in it.
There is a certain amount of misinformation out there, said David Sloan, attorney and spokesman for DFWNORML, and advocacy group promoting marijuana legalization. Some retail operators have removed CBD oil products from their shelves after the legal questions came up, Sloan said.
"Until the feds, we are going to have these disparities in enforcement and treatment," Sloan said. "These can go anywhere from completely legal to a felony."
Typically, people who are first-time offenders and have given no indication that they intended to sell a controlled substance do not go to jail, said Sloan, who added That is 90 percent of his practice is marijuana related.
"Tarrant County will be a THC and this is happening in a lot of other Texas counties," he said. “The overwhelming number of people I defend are good people who have never had a problem with the law. They have taken from Colorado which were lawfully purchased and taxed. "
Tarrant County has not and does not expect to be taken."
to spend significant resources on cases involving CBD oil, according to Sharen Wilson, Tarrant County district attorney.
But Wilson also said that passage of the 2018 Farm Bill in the US Congress which made shirt products that contained less than .03 percent concentration of THC legal under federal law, did not make those products legal in Texas.
in our state, ”Wilson said. “The Criminal District Attorney does not have the authority to change the law. We encourage those with strong opinions about CBD oil to contact Commissioner (of Health John) Hellerstedt's office or your local legislators to inform them of your views. "
" Every time I start winning the arguments based on facts they pull out the "Its the law" excuse, "Sloan said. “The law, in this regard, is absurd. The absurdity will continue until our lawmakers are intellectually honest. ”
Two bills filed during the current legislative session by State Rep. Terry Canales, D-Edinburgh, address some of the legal questions surrounding marijuana extracts, according to the Texas Legislature Online website. Canales filed HB 186, which deals with the weight of the illegal marijuana extract, and the other, HB 551, could change the current penalty structure, if adopted.