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Is CDB Oil Legal in Texas?

CBD.jpegCannabidiol is a marijuana extract which contains no THC. Tetrahydrocannabinol is the marijuana ingredient which makes people "stoned" or "high."

So, CBD oil is basically semi-legal in Tarrant County. If you possess it, you may get in trouble with the law, and an attorney can probably get you out of trouble.

What is CBD Oil?

Cannabidiol has a number of medical and other uses. In fact, the Food and Drug Administration has approved Epidiloex. CBD oil is the active ingredient in this anti-epilepsy drug. Other studies suggest that CBD oil may alleviate some other neurological disorders as well. Additionally, if taken in high doses, cannabidiol counteracts the effects of THC.

Using CBD oil is a little like cooking with wine. Alcohol is a flavor enhancer. It makes sweet things sweeter and acidic things more acidic. Alcohol boils at 212 degrees, so chances are, the food cooked with wine has basically no alcohol in it.

Furthermore, no one goes to a popular restaurant chain and orders a Jack Daniels cheeseburger to get drunk. Alcohol in food has a completely different purpose from alcohol in liquid form.

Similarly, CBD oil has a scientifically-accepted use. It contains no THC, and this ingredient is the reason marijuana is illegal in the first place. Finally, just like a Jack Daniels cheeseburger has no intoxicating effect, CBD oil cannot make a person high.

Texas Law and Cannabidiol

The reason that CBD oil is semi-legal is that Title Six of the Health and Safety Code is a little vague on this subject. Section 481.002(26) broadly defines marijuana as "the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds."

The definition has nothing to do with THC. Under the general definition, any part of any marijuana plant is illegal marijuana in Texas.

But not so fast. Subsection (d) states that marijuana does not include "a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake." Furthermore, subsection (a) states that marijuana "resin," a word the statutes does not define, is not illegal. Arguably, Cannabidiol falls squarely within either the (a) or (d) exception.

State authorities are not sure how to classify CBD oil either. There are stories of CBD "raids" at places which sell this marijuana extract. Typically, the police confiscate the stock but do not arrest the store owner. It's very difficult for Tarrant County prosecutors to establish possession beyond a reasonable doubt. That's especially true since the defendant must know that the substance in question was, in fact, illegal marijuana.

If you have CBD oil, you may get arrested, but the charges almost never stick. For a free consultation with an experienced criminal defense lawyer in Fort Worth, contact Herreth Law. Convenient payment plans are available.

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