Our office was asked recently to clarify whether CBD oil is legal in the State of Texas. Currently, it is legal only for epilepsy patients through a doctor?s prescription, under the Compassionate Use Act of 2015.? {{more: continue …}}
In May 2017, the Texas Commissioner of Health added ?marijuana extract? to Schedule 1 of the Controlled Substances Act. This criminalized any possession of an ?extract? from a plant of the genus Cannabis, and is the basis for the current illegal status of non-prescribed CBD oil.
The U.S. Congress passed the 2018 Farm Bill reclassifying industrial hemp which contains less than 0.3% concentration of tetrahydrocannabinol, commonly referred to as ?THC?. Texas has not legalized hemp. In order to legalize the possession and sale of these products in Texas, Commissioner of Health John Hellerstedt, MD must remove marijuana extract from the Controlled Substances Schedule.
The Texas Legislature additionally is considering bills this session to legalize industrial hemp production and related products in our state.
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 Hellerstedt?s office or your local legislators to inform them of your views.
Our office filed almost 50,000 criminal cases last year. We have not spent and do not expect to spend significant resources on cases involving CBD oil.
Kennedale News Note – find out more about the controversy surrounding this issue @ Healling power or dose of trouble
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