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.”
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.