Although medical marijuana and hemp products are getting popular across the United States, not every state has legalized its use. CBD or Cannabidiol is a popular derivative of the hemp plant which is legally allowed to be grown across all states in the US. The Farm Bill became law when President Donald Trump signed it in 2018. As per the Farm Bill, farmers can grow hemp in the US. The law also removed hemp from the jurisdiction of the Drug Enforcement Authority (DEA) and transferred it to the control of federal Agricultural authorities.
CBD is one of the most popular components of the hemp plant. This chemical compound is said to have numerous benefits for human health. Although there are many claims concerning the benefits of CBD oil, the Food and Drug Administration (FDA) has said more research needs to be conducted. The FDA recently approved a CBD-based drug for the treatment of two rare forms of epilepsy. Epidiolex was approved for the treatment of Lennox-Gastaut syndrome and Dravet Syndrome.
There are many stores in Texas selling CBD oil and other related products. However, most people do not know that CBD oil is not entirely legal in Texas. According to the Tarrant County district attorney’s office, non-prescribed CBD oil is illegal in the state of Texas. Only Texans suffering from severe forms of epilepsy are legally allowed to possess CBD oil. The Compassionate Use Act was passed in 2015 by legislators in Texas. As per the law purchasing CBD oil for any other purpose besides for intractable epilepsy is illegal.
The confusion between state and federal laws in regards to medical marijuana and CBD products is getting people in trouble. People who own shops that sell CBD products have expressed their worry concerning the confusion.
“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,” Luke Williams, a criminal defense attorney with Howard and Williams said. “The only thing we can say is CBD oil is not legal in Texas, and you do what you want with it at your own risk.”
Another major contradiction between federal and state laws is THC or Tetrahydrocannabinol. THC is responsible for getting people high. This compound is found in both hemp and marijuana. However, THC is very low in hemp in comparison with marijuana. As per the 2018 Farm Bill, all hemp plants and products must contain 0.3 percent of THC. However, according to Texas law, THC is illegal in all quantities. You could be charged with a felony for possessing a controlled substance if you are found with CBD oil containing traces of THC in Texas. This crime could land a person in prison for 20 years or a jail sentence of 180 days. Several people have been arrested after officials found that their CBD oil contained traces of THC.
“You start with a felony with THC, and it only gets worse as the substance is weighed,” Williams explained. “Our research has indicated that THC is a lot like coffee with caffeine in it. Even when you order it caffeine-free, there is still a trace amount of caffeine in it.”
There have been calls for state and federal authorities to rectify the contradictions in these laws.