The Tarrant County District Attorney Sharen Wilson’s office was asked for clarification on the legality of CBD oil in Texas. The current Texas law only allows those with epilepsy to use the oil. Marijuana extract and all extracts from any member of the cannabis plant family were made illegal in May 2017 in the state.
It’s confusing for the state with its laws and the legalization of hemp in the 2018 Farm Bill, NBC 5 News reports. CBD oil has been found for sale in several stores throughout the state. Hemp-derived CBD is still in question for many in Texas.
One letter to Wilson’s office said, “We write to strongly urge (you) to abandon your efforts to arrest, or otherwise prosecute as a crime, the purchase, possession or sale of hemp-derived CBD.”
Texas hasn’t legalized hemp itself yet. The Commissioner of Health John Hellerstedt has to remove marijuana extract from the state’s Controlled Substances schedule.
HB 1325 is already making its way through the Texas Legislature to legalize industrial hemp cultivation and processing products related to the plant.
The DA’s office did say, however, that it’s not expecting to spend many resources on CBD oil cases that come to her office. Her hands are tied in the matter; it’s up to the state’s lawmakers and health commissioner.