On April 5, 2019, hemp will be removed from Texas’ list of Schedule I controlled substances. The big question that remains is what, if any, impact will this have on legality of hemp-derived products in Texas?
Many legal experts believe that removing hemp from Schedule I does not mean hemp is legal in Texas. Lawmakers still must amend the definition of hemp as well as associated criminal penalties in order to truly make possession of hemp legal in Texas. On April 1, 2019, the Texas legislature will debate bills that will legalize hemp with less than .3 percent THC. If passed, this change in Texas law would bring the state closer to federal law, which last year decriminalized possession of hemp with less than .3 percent THC.
Come April 5, will hemp-derived CBD products be legal in Texas? The answer to this question is murky, at best. For example, the Tarrant County District Attorney issued a statement saying that CBD oil is illegal. However, many CBD oil shops have opened in Texas, which means that others disagree with this opinion. Long story short: there is no clear-cut answer as to the legality of CBD oil in Texas. The legislature needs to pass legislation to clearly answer this question. Practically speaking, law enforcement would need a lab analysis of suspected CBD oil to determine its chemical makeup, which is essential to determining whether it is an illegal product.
If you are facing a charge for possession of CBD oil, marijuana, or any other substance in Texas, please contact The Hardy Law Group, PLLC for a complimentary consultation with our experienced criminal defense attorneys.