812 San Antonio St. Suite 118Austin, TX 78701

CBD Confusion

While marijuana remains illegal in Texas, recent laws signed into effect now allow certain CBD products to be sold as well as the growing of hemp as a crop.

CBD (cannabidiol) is a compound derived from the cannabis plant that does not have the psychoactive effect of THC (tetra hydrocannabinol). Put simply, THC is the compound in marijuana that causes the “high,” whereas CBD can be derived and used separately for a variety of health reasons, such as treating epilepsy, anxiety, insomnia, and chronic pain.

On June 10, 2019, Texas Governor Greg Abbott signed Bill HB 1325 into law, which expands the types of hemp products that can be grown, purchased, and sold to include those that contain less than 0.3 percent THC. CBD contains less than 0.3 percent THC is included among these newly legalized hemp products, but once again, this law does not affect the legality of marijuana.

Although hemp and marijuana are related and both come from the cannabis plant family, hemp contains much lower levels of THC. It is important to note that hemp does contain THC though, and there have been reported instances of unregulated CBD oil containing different amounts of CBD and/or THC than advertised. Additionally, many of the field tests police currently use to identify illegal drugs are unable to tell the difference between CBD oil and marijuana.

Furthermore, many drug crime labs throughout the state do not have the resources or training to determine the percentage of THC in products they test. This means that while many CBD products have become legal, there is also an increased amount of confusion and the legal gray area surrounding drug testing and marijuana-related cases.

If you feel you have been wrongly accused of a drug-related crime, do not hesitate to contact the law office of Ricardo Maldonado.

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