UPDATE: As of Tuesday 04/24, the bill has passed.
AUSTIN - The future of CBD oil in Texas could be in jeopardy, as lawmakers in the Texas House of Representatives are set to debate House Bill 1325.
Bill 1325, which was filed in February is the brainchild of Rep. Tracy King, D-Batesville and seeks to open the door for farmers to grow Hemp as an industrial crop. The bill also seeks to legalize products made from hemp, including CBD oils, if they contain less than .3% of THC in order to be compliant with the Federal Farm Bill.
The bill enjoys broad support and is expected to be passed into law, especially considering the bill flew through the House Agriculture Committee without anyone speaking out against it.
CBD in Texas currently falls into a bit of a legal gray area, with some jurisdictions in Texas raiding stores, and arresting individuals for possessing it. However, other Texas prosecutors have refused to pursue other CBD-only cases, citing that the legislature is still considering it’s options as well as citing the legal ambiguity in the current law.
This is made all the more confusing because Texas has removed Hemp from its list of controlled substances, although the plant is still illegal to grow. Currently, the law indicates marijuana and hemp are the same thing, which does ignore the chemical differences between the two.
The problem with the CBD laws themselves is not so much the CBD part – but the trace amounts of THC found within full-spectrum Hemp Oils.
However, even as district attorneys, police and policy makers debate the future of industrial hemp and CBD, hundreds of shops selling the product have already cropped up throughout the state, looking to cash in on using CBD for anxiety, or using CBD for pain.
While we will be carefully monitoring the situation in Texas, and can’t offer legal commentary now, for our loyal readers in Texas we suggest the following:
Make sure any CBD you plan on purchasing comes with testing showing that it contains it contains 0% THC. Any products that are considered “full spectrum CBD oil” contain trace amounts of THC and could be potentially dangerous. We also suggest that you avoid using CBD in public, to avoid any confusion until bill 1325 passes.
We’ll be providing updates as this story develops!