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What are the laws related to CBD and CBD with THC?

What are the laws related to CBD and CBD with THC? CBD is quickly becoming a wellness buzzword, promising cures for ailments such as cancer or epilepsy. CBD is a chemical found in marijuana. CBD doesn’t contain tetrahydrocannabinol (THC), the psychoactive ingredient found in marijuana that produces a high. CBD is most commonly sold as an oil, but it also comes in tinctures, edibles, capsules and more.

Well, where does Texas law stand on the use of CBD products? Shawn McDonald of SMB Criminal Defense Lawyers explains that CBD oil is completely legal. You’ll find smoke shops and retail stores selling THC-free oil. However, you may unknowingly purchase an oil that contains traceable amounts of THC – which is a big problem under Texas law.

Even though THC oil has the same active ingredient as the marijuana plant, McDonald warns that it is viewed differently through the eyes of law. While the “green leafy” substance of marijuana has varying misdemeanor charges, you can actually jump straight to a felony if you are found with CBD oil contacting any amount THC.

With all the gimmicks and misinformation circulating around CBD, it’s imperative that you know what you are buying is legal. CBD is a booming wellness trend and scammers are looking to make quick money, not to educate customers on the benefits of CBD. CBD extraction methods have a major impact on the quality of the end product, not to mention your health.

Here are some safeguard to consider before purchasing CBD:

    • Know the growth and extraction process. Sellers should divulge how the CBD was extracted (and where), along with proper labels. CO2 extraction is a reputable extraction process that will result in pure CBD oil. Try to find U.S. grown hemp to ensure you are getting the highest quality CBD.
    • Buy in store. Your chances of getting scammed online can be high because you are making a blind purchase. If you have a local shop that sells CBD, go chat with the store owner about how the CBD was sourced. See how much they know about their products and what they recommend.
    • Check the labels. The optimal level of THC present in CBD oils should not exceed more than 0.3 percent, so make sure that you review the labels or ask for lab results for the CBD oils before purchasing them. In Texas specifically, CBD must contain 0% THC.
    • Look for full spectrum CBD. In order to cut corners and make a quick buck, some sellers use CBD isolates that muddle the quality of the oil. You’ll want to check if the label says “full spectrum” or “whole plant,” to ensure the entire plant was used when making the product.

CBD has huge promise, but it’s best to educate yourself through trustworthy sources before making a purchase.

Video Transcript:

Interviewer: “What is CBD? What are the laws for that and what do people need to be aware of when it comes to their possession of that?”

Shawn McDonald: “So, we are seeing these oils when it comes to vaping for the most part here and then we are seeing a lot of edibles. So, there is two different types of oil. There is CBD oil, which is legal. Which you can see in some of these smoke shops. You can find in the stores that are marketed and packaged professionally and sold in large stores, box stores, that are labeled CBD oil. For the most part, almost every single case, that contains no THC.”

Interviewer: “Yes.”

Shawn McDonald: “It is completely legal. On the other hand you have THC oil which is a non plant-based oil. It’s not a green leafy substance. It is plant-based because it is an oil from marijuana plant, but it is charged differently because it is not a green leafy substance anymore. Even though it is the same active ingredient of THC, it is an oil. It is not a green, leafy substance. So instead of misdemeanor amounts like you have a marijuana, it is automatically any amount is a felony. So, you… the problem you are running into is these kids are getting what they believe is CBD oil that has been brought in from Colorado, from Oregon, from Washington, and they believe it is CBD oil and it comes back containing THC. Well now all of a sudden, they are charged with a felony.”

Disclaimer

*This blog post, “What are the laws related to CBD and CBD with THC?”, 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.