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The Criminal Defense Blog


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CBD — which doesn’t produce a high — has been gaining in popularity nationwide as a treatment for all manner of ailments, including chronic pain, anxiety, seizures and sleep disorders. But it remains illegal under federal law, as doestetrahydrocannabinol, or THC, which is the component of the marijuana plant that is psychoactive.

In 2015, Texas passed the Compasionate Use Act that permits State approved growers to produce low-THC CBD oil to be prescribed by State approved doctors for the treatmatent of a limited class of epilepsy seizure disorders. The Compasiionate Use Act opened the door to the over the counter sale of Hemp based CBD oil in Texas. 

In April 2018, however, the Texas Department of State Health Services issued a letter stating that it would confiscate any and all Hemp CBD oil sold in the state because CBD oil is clasified by the DEA under the Controlled Substances Act as marijuana. In May 2018, the Texas Department of State Health Services backed down from this threat in reponse to overwhelming reponse from CBD hemp oil users about its benefits.

For now it remains unclear whether CBD hemp oil may be legally sold in Texas. It is advisable that anyone in the CBD hemp oil business conslut with an attorney who is well versed in  marijuana and cannabis law cases for updates on future possible changes in Texas concerning THC and CBD laws. 

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