The answer is both yes and no, depending on whether you satisfy very narrowly defined criteria. The Compassionate Use Act (Texas Health and Safety Code, Chapter 487) makes it legal for individuals with intractable epilepsy to possess CBD oil if they satisfy the following requirements:

  1. They obtained the CBD oil from a licensed dispensary in Texas pursuant to a prescription froma physician who is registered (see Texas Occupations Code section 169.002 for physician requirements) to prescribe it;
  2. The prescribing physician certifies the patient has been diagnosed with intractable epilepsy;
  3. The physician determines that the risk of the medical use the CBD oil is reasonable in light of the potential benefit to the patient;
  4. A second physician who is registered to prescribe CBD oil agrees with the first physician’s opinion and the second physician’s concurrence is documented in the patient’s medical records; and
  5. The patient is a permanent resident of Texas.

See Texas Occupations Code section 169.003. Also, Texas Health and Safety Code section 481.111 sets out the exemption to prosecution for possession of CBD oil (“low-THC cannabis”) for individuals who satisfy the above requirements.

Even if you meet the above requirements, it is still illegal under Federal law for you to possess CBD oil.

If you or someone you know has been charged with possession of marijuana or CBD oil, contact The Hardy Law Group for a complimentary consultation.  We believe in taking a proactive approach to our clients’ cases in order to achieve optimal results. Please call us at 817-222-0000 to schedule a consultation.