A Texas law has legalized
hemp and popular hemp-derived products, like CBD oil. In doing so, the
legislation redefined marijuana from certain parts of the cannabis plant to
only those parts that contain more than a certain percentage of tetrahydrocannabinol,
or THC, which is the psychoactive ingredient in marijuana that allows users to
According to the
Texas District and County Attorneys Association, however, the change in the law
has made it almost impossible to detect whether drugs found on a person is
marijuana or hemp. Most, if not all Texas crime labs have no equipment or
resources that employees can adequately detect the difference between the two
substances. While the equipment that is necessary to determine the potency of a
substance exists, the labs currently don’t have access to it. The requisite
equipment costs an estimated $300,000 to $500,000, and over 20 labs would need
the equipment. The quick tests that labs used to detect the presence of any
cannabinoids in marijuana no longer are useable.
As a result, district
attorneys statewide have begun dismissing hundreds of marijuana charges and
declining to prosecute misdemeanor possession of marijuana cases in the absence
of evidence proving that the substance contains more than 0.3% THC. This THC
percentage is what differentiates legal hemp from illegal marijuana. Some
counties also are dismissing felony-level possession marijuana charges.
In contrast, however,
the Tarrant County District Attorney reported recently that she had found at
least two labs that can provide the necessary technology. The sponsor of the
bill, state Sen. Charles Perry, also argues that even if the hemp law hadn’t
redefined marijuana at the state level, the 2018 Farm Bill would have affected
the definition across all states, since it is a federal law.
An experienced Texas criminal defense attorney
can help you build a strong defense against any criminal charges. We are here
to evaluate the facts surrounding your case, present your options, and help you
make the decisions that will be most beneficial to you, based on your
circumstances. Contact Peek & Toland at (512) 474-4445 today and see how we can
States throughout the country have seen a huge increase the sales of CBD oil, a non-psychoactive substance containing marijuana and hemp, including the state of Texas. Nonetheless, given the vagueness of Texas marijuana laws and continually changing marijuana policies at the federal level, many persons disagree about the legality of CBD oil in the state. Some law enforcement officials believe that so long as the product contains no detectable amounts of THC, or a very low amount of THC, CBD oil is illegal. Others, however, believe that all CBD oil is illegal, regardless of its composition.
Currently, the only Texas law in place that legalizes any form of hemp or marijuana is the Compassionate Use Act, which legalizes medical marijuana usage for patients with a rare form of epilepsy. Neither hemp nor marijuana, or derivatives thereof, are legal in any other form. Although the Texas District and County Attorneys Association consider CBD oil to be illegal under their interpretation of current state law, however, the fact that is a non-intoxicating substance renders it an extremely low priority, even it is illegal. There has been almost no prosecution of individuals for possessing, buying, or selling CBD oil and there have been no court cases interpreting Texas marijuana laws with respect to CBD oil.
What is the Legal Status of CBD Oil in Texas?
This position is consistent with recent moves in larger counties to essentially eliminate prosecution of persons caught with small amount of marijuana. In Travis County, for example, persons facing first-time charges for possessing small amount of marijuana can simply take a class in order to avoid prosecution. This tactic allows an already-overburdened court system to better prioritize cases for prosecution.
Our goal is to minimize the penalties that you can potentially face for the criminal offenses with which you are charged. We are here to investigate the facts and circumstances surrounding your case, evaluate your situation, and devise the best strategy for fighting your criminal charges. No matter what type of criminal charges you are facing, the attorneys of Peek & Tolandhave the experience, knowledge and reputation that you want and need for your criminal defense. When results matter most, contact us at (512) 474-4445.
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