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In the United States, there has been a shift in the attitude towards pot. While many see marijuana legalization as a way forward, some states are slow to adopt it. Texas, for example, has its own set of laws that address the legality of the consumption and sale of cannabis plants.
That said, there is still confusion regarding the recent House Bill and its impact on THC and CBD products. Even law enforcement officers are making wrongful arrests due to the complex nature of this legislation.
At Sparks Law Firm, we have a deep understanding of the THC and CBD laws in the Lone Star State. Whether it's an illegal arrest or a violation of your Fourth Amendment rights in Fort Worth, Texas, call our experienced criminal defense attorneys to discuss your case. We are ready to help you in the most difficult situations by getting to work right away! We can also help with questions like How much Bud is a felony in Texas?
Is CBD the Same as Marijuana?
There are many parts of the cannabis plant, and the two most important ones are hemp and marijuana. While both of them may look and smell the same, the key difference between the two is the level of tetrahydrocannabinol (THC).
Cannabidiol (CBD) is a non-psychoactive compound found in the cannabis plant. Many supporters believe that it can help people deal with various conditions, including anxiety, depression, and insomnia. While there is no concrete evidence for such claims, the U.S. Food and Drug Administration has only approved CBD in the treatment of seizures related to a rare genetic disease.
Although the consumption of marijuana is still not legal in Texas, the laws regarding hemp-derived CBD products have changed.
Understanding CBD Texas Laws
In 2018, the federal government enacted the Farm Bill, which removed hemp and hemp seeds from the Drug Enforcement Administration's controlled substances list.
A year later, Texas implemented similar rules that would legalize hemp products while still making it illegal to possess and sell marijuana. This has led to widespread confusion among the local population.
It's important for residents to know their laws so that they can ensure adherence and avoid legal trouble. In 2019, when Texas signed House Bill 1325, it authorized the following:
Summation
Federal law legalizes the sale, production, and consumption of hemp and hemp-derived products. When Texas decided to follow the Farm Bill at the state level, it also allowed the consumption, production, and sale of such items.
Under the 2019 House Bill, CBD oil and other edible parts of the cannabis plant are legal in Texas. However, the legislature bans the processing and manufacturing of smokable hemp.
Testing Regulations
Texas law requires testing hemp-derived products before selling them. Under the 2019 House Bill, hemp with less than 0.3% tetrahydrocannabinol (THC), the psychoactive compound that induces the high feeling, is legal.
A key thing to note is that the recent legislature requires the Texas Department of Agriculture and the Texas Department of State Health Services (DSHS) to work together in the future to make adjustments to the state law if needed.
Testing Requirements
Under Section 443.151 of the Texas Health and Safety Code, manufacturers must follow strict testing requirements, including determining the levels of CBD, heavy metals, and pesticides in the product.
The company must also report the microorganisms and residual solvents used during processing.
Are CBD Gummies Legal in Texas?
To determine the legality of cannabidiol gummies in Texas, it's essential to ask the question, "Is CBD legal?"
The signing of House Bill 1325 in 2019 made it easy for residents to purchase hemp. After thoroughly passing the testing requirements, companies can sell a wide range of CBD products, including gummies and tinctures.
Can Law Enforcement Authorities Arrest CBD Users in Texas?
When Texas decided to bring its state policy in line with federal law, it created a lot of confusion among law enforcement authorities. According to the Texas Tribune, police made wrongful arrests of some in possession of CBD and other hemp products, especially Delta-8, despite the new House Bill.
The problem here is that many legal hemp-derived edibles and vapes often test positive on a field drug test kit. It gives the police officers enough probable cause to make the arrest.
However, the truth is that most prosecutors won't even take up the case without proper lab results.
Is Medical Marijuana Legal in Texas?
Medical marijuana is legal in Texas, but just like CBD products, there are certain restrictions and even eligibility requirements.
In 2015, the state passed the Compassionate Use Act that lets doctors prescribe low THC (1%) cannabis in the form of gummies or tinctures to treat a narrow list of health conditions in patients.
The possession and distribution of marijuana or food-based CBD products with more than 1% THC is illegal under Chapter 481 of the Texas Health and Safety Code. If caught, the criminal charges range from a Class B misdemeanor to a first-degree felony, depending on the severity of the offense.
How Can a Criminal Defense Attorney Help the Accused in Texas?
When fighting drug-related cases, criminal defense attorneys have several legal defenses they can use. They can investigate the arrest to determine whether the law enforcement officers followed the correct protocol.
In addition to that, a skilled Fort Worth drug defense attorney can also examine other aspects of the case to find any violations on behalf of the police officials, including lack of probable cause before the search.
The criminal justice system in Texas has the responsibility to uphold a defendant's Fourth Amendment rights regardless of the offense committed. Any violations may result in a case dismissal or reduced sentence.
Facing Drug-related Charges in Fort Worth, Texas? Call Sparks Law Firm!
At Sparks Law Firm, our proactive defense attorneys have over 100 years of combined experience helping clients and treating them with dignity and respect. We have a deep understanding of the criminal justice system and Texas CBD laws and can give your case the attention it deserves. We can also assist with questions such as Is cannabis delivery legal in Texas?
If you're facing drug-related charges in Fort Worth, Texas, call us to schedule a free consultation with skilled defense attorneys. Our hardworking team is ready to put you first and do whatever is needed to get you out of this messy situation!
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