Is it just me or has CBD oil become the new kale?

CBD oil, short for cannabidiol oil, is extracted from the flowers and buds of marijuana or hemp plants. It’s missing sufficient quantities of the chemical tetrahydrocannabinol (THC) to produce the “high” normally associated with marijuana.

Thank God for acronyms, am I right folks?

Proponents of CBD oil claim it can be used to treat a host of medical problems—everything from nausea and vomiting to epileptic seizures to pain to psychotic episodes.

No wonder it’s everywhere.

CBD dispensaries are popping up everywhere in the Dallas area where I live. I’ve even seen it for sale at grocery stores and gas stations. Heck, even the MLM industry has gotten in on the CBD oil action. I counted four SUVs in my gym parking lot this morning with the rear windows decked out in a CBD oil MLM company logo.

I wonder if those moms know they are peddling a controlled substance and could be charged with a felony?

Yes, you read that right CBD oil is illegal in Texas.

Well, basically illegal.

Is CBD oil legal in Texas?

 No. Nope. Not on your life. No way. Negative.  

 Anything containing any amount of THC, even trace amounts that could never produce a “high,” is illegal in Texas.

And you should always assume that all CBD oil contains at least trace amounts of THC.

But what if the container says “0% THC?” Is that legal?

Almost positively no. Why?

The U.S. Food and Drug Administration (the FDA) does not regulate CBD oil. This means that there is no control over the variety of ingredients and compounding methods for producing CBD oil.

In other words, the government isn’t testing CBD oil to make sure it truly is 0% THC.

In fact, the Drug Enforcement Administration (the DEA) thinks it’s impossible to produce 0% THC CBD oil.

Wait…isn’t medical marijuana legal in Texas?

 Put away your glaucoma scripts folks. Not quite.

Medical marijuana is legal in Texas for one (and only one) specific malady, intractable epilepsy (there is very strong scientific evidence supporting use of medical marijuana in the treatment of epilepsy).

Under the Compassionate Use Act, patients with intractable epilepsy may use medical marijuana if the following conditions are met:

  • the product they use is a CBD oil containing no more than 0.5% THC purchased from a state-licensed dispensary;
  • they have tried two FDA-approved drugs and found them ineffective;
  • they register themselves on a state-maintained “compassionate care registry”; and
  • they have been prescribed CBD oil from two physicians.

The last one’s the kicker. Why? It’s currently illegal under federal law for a physician to “prescribe” marijuana. It’s legal for them to “recommend” marijuana, but not to “prescribe.”

A deliberate attempt to create a conflict between state and federal law or a careless oversight? Who knows.

Okay, but what if I have already purchased CBD oil. What kind of trouble could I be in if I’m caught?

 In Texas, possessing CBD oil with any trace of THC is a felony for possession of a controlled substance group 2. Depending on the amount involved, you could be looking at a punishment from 180 days in state jail up to 20+ years in prison and fine not to exceed $10,000.

In fact, even if the CBD oil has 0% THC, you could still be charged with a punishment of 0-180 days in jail and a fine up to $2,000.

While law enforcement authorities don’t appear to be arresting people for just CBD oil possession, at least in Fort Worth they are filing CBD oil possession cases if the suspect is arrested for another crime.

Okay. Now it’s your turn. Would you buy CBD oil? Do you think it should be legal in Texas? Leave a comment or send me an email.

Copyright © 2019 by Siobhán Fitzpatrick Kratovil. All Rights Reserved.

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