CBD

CBD: Legal in Texas?

By Peek & Toland on June 24, 2019

State lawmakers in the two largest states, California and Texas, are pushing bipartisan legislation that would legalize CBD products, even though the federal government continues to consider it illegal. Despite efforts in some localities in both states to pull CBD products from store shelves, including CBD oil-infused gummies, foods, drinks, and dietary supplements, there is an enormous push to legalize what many see as a boon to their overall health.

At the federal level, Congress members also are pushing the U.S. Food and Drug Administration (FDA) to reconsider its stance on the popular cannabis compound. Recently, the FDA announced that it will conduct a public hearing to solicit more information on the subject. The FDA maintains oversight over CBD because it is the active ingredient in a prescription drug that treats two rare seizure disorders and contends that it has insufficient information to determine whether CBD is safe or effective to add to food and drink products.

Nonetheless, the FDA has limited enforcement to companies that make false health claims about their products. Federal authorities also have largely failed to take any action against companies producing CBD products in states in which marijuana has been legalized on a recreational or medical level. Instead, state or local authorities have headed up most enforcement efforts.

Legislation in both Texas and California is pending that lawmakers hope will end consumer confusion and allow individuals to purchase products containing CBD oil. The pending legislation in Texas, HB 1325, as amended, most recently went to the governor’s office for his signature. In addition to legalizing CBD oil containing less than three percent THC, the bill also would permit farmers to grow hemp. The Peek & Toland criminal defense lawyers are here to represent your interests and advise you of the best course of action in your situation. Set up an appointment to talk to us today and discover how we can assist you with your criminal proceedings.

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