Is CBD with .3% THC Legal in Texas? Make no mistake, Texas doesn’t play around with THC, not even trace amounts. In a recent video with Shawn McDonald of SMB Criminal Defense Lawyers, McDonald explains that CBD oil with even trace amounts of THC are publishable by the full extend of the law. This doesn’t not only apply to consumers but the suppliers as well. Both parties
McDonald outlines a common misconception about how the federal law and state law affect the criminality of THC. Even if the federal government passed a law to decriminalized THC, that does not give Texans free reign to buy or sell products with THC. Federal law does not change state law. The general American public may think that federal law trumps state law, but it is simply not the case. As a Texan who might be interested in using CBD, educate yourself with Texas law before you risk jail time.
Interestingly, CBD stores an online retailers can market that their products contain THC. That is not considered criminal! In fact, CBD sellers often like to include THC as a marketing tool because some consumers want a small percentage of the psychoactive component in their CBD. The product may not actually have THC in it though. If you are a CBD store owner and any of your edibles, tinctures, creams, etc., contains THC (knowingly or unknowingly), McDonald states you can be charged with “delivery of a controlled substance,” a felony charge in Texas. If you have products with any amount of THC, McDonald advises, “take it off yourself and destroy it immediately.”
So, is CBD with .3% THC Legal in Texas? No. Therefore, if you are a CBD consumer, it’s that much more important that you know what it is in the products you are buying to avoid a felony charge for possession of a controlled substance. Labels aren’t always accurate nor are all sellers operating with integrity-based business practices. If you have additional concerns about the use of CBD oil in Texas, watch our video series on marijuana laws.
Video Transcript:
Interviewer: “So what is the difference right now? Because I’ve heard there’s CBD with no THC and also heard about Trump passing some laws or what have you that is going to allow CBD oil to have up to three percent THC and I’ve even seen it where some of the local CBD stores are straight up marketing ‘Our CBD has up to three percent THC in it.’ Here locally. So is that legal, or illegal?”
Shawn McDonald: “Any amount of THC, point zero zero zero one, is illegal. So if it is marketed ‘CBD with THC’ that is illegal. So now if Trump… federally they pass a law, that goes to federal law. That does not change state law. So the feds can say marijuana is legal. Texas has to say marijuana is legal. So we enforce state laws. DEA enforces federal laws. So a lot of these states where marijuana is legal, it is still illegal federally. But the feds are choosing not to enforce that law and allowing states to regulate the use of marijuana in their state.”
Interviewer: “So anybody, and I know a few people, I know couple guys that have opened up some CBD locations here. I know a girl that sells it online or through some multi-level marketing thing. Any, and for their sake, if they are listening, if they are marketing CBD that has THC in it, they are breaking the law if they are here in Texas?”
Shawn McDonald: “Not marketing it. They can market it all they want.”
Interviewer: “If they’re selling it or if they have it in their possession?”
Shawn McDonald: “You are seeing some people market CBD with THC because it is much more effective. Because THC is the psychoactive ingredient that gives you that high. CBD is mostly for medicinal purposes.”
Interviewer: “Sure.”
Shawn McDonald: “It treats, you know, anxiety, PTSD, there is even a lot of great information coming out for PTSD in Vets. But the THC is the active ingredient that gives you that psychosis. So a lot of people market CBD with THC because that is what people want, but it doesn’t contain any THC.”
Interviewer: “So right now the ones that are saying ‘It’s CBD oil, but it has up to three’ or, and I don’t know why the number is three percent, but they all just happen to say ‘three percent THC in it.’ So, if in fact, that product has three percent or any percent of THC, then they are breaking the law, and it is a felony?”
Shawn McDonald: “They can be charged with delivery of a controlled substance. Yes.”
Interviewer: “Or if they have a local store here and they are selling it on their shelves, then they are facing…”
Shawn McDonald: “They could be charged with delivery of a controlled substance.”
Interviewer: “Ok.”
Shawn McDonald: “Yup. That is… I would be… if in fact that is happening I would advise them to take that off their shelves and destroy it immediately.”
Interviewer: “Yeah. Ok, cool.”
Shawn McDonald: “Yeah, so, you know, has it happened? Absolutely. I mean, I do not… law enforcement just may not have caught up with them yet.”
Interviewer: “And it’s not like they’re trying to sell marijuana or weed and break the law.”
Shawn McDonald: “Right.”
Interviewer: “They’re selling creams and topicals and eye cream and, you know, stuff that’s curing cancer. I get all that, but I think that a lot of people assume because Trump basically said he’s not gonna enforce it on a federal level, that it’s ok to start selling it in Texas because it has three percent and Trump said it’s ok.”
Shawn McDonald: “Nope.”
Interviewer: “But actuality is that’s a felony. You’ll get locked up and you’ll be charged with possession of a controlled substance.”
Shawn McDonald: “That’s right.”
Interviewer: “And that’s a felony.”
Shawn McDonald: “That’s right.”
Disclaimer
*This blog post, “Is CBD with .3% THC Legal in Texas?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.