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When someone talks about cannabis products, most people think about smoking marijuana. However, there are many other options available in the country. One of them is THC oil.
The consumption method people use for CBD products determines a lot of things. Patients using THC for medical purposes, for example, can't go for smokable options.
This page will focus on the legality of cannabis oil in Texas. The information here will also help people trying to understand more about THC products and their current legal status according to federal law and state legislation.
Since the legal framework for controlled substances, such as CBD products, constantly changes, people should always have a legal expert who can address their concerns. The Sparks Law Firm is ready to help anyone in the Lone Star State.
This legal office works in Ft. Worth, TX, and addresses several types of criminal cases. Its lawyers give clients all the attention they need to build a strong strategy for the trial. They can call to schedule a free consultation as soon as possible. They can also help with questions like Is cannabis indica legal in Texas?
What Does Texas Law Say About Cannabis?
The first thing to know about the cannabis plant in Texas is that anything that contains more than 0.3% THC is marijuana. Therefore, it is, at least on a basic basis, a controlled substance. For more information, drug crime attorneys may be able to help.
Marijuana is included in the Texas Controlled Substances Act. Regardless of that, other laws, such as the Texas Health and Safety Code, mention related stuff, such as hemp.
Until a few years ago, processing, manufacturing, or labeling cannabis or hemp-derived CBD products was illegal in Texas. Regardless of that, people could buy, sell, and consume them.
A Texas Supreme Court ruling upheld that ban, so now, the Texas Department of State Health Services issues licenses for professional retailers. The idea of this is to give customers a safe environment to buy CBD products.
Cannabis-related stuff is legal in Texas, as long as it only has a 0.3% THC concentration. If it goes over that, having it will count as illegal possession of controlled substances. Depending on how many ounces or pounds law enforcers seize, the offense could be a misdemeanor or a felony.
Is It Legal to Use Cannabis Oil in Texas?
Buying and consuming cannabis oil is legal in Texas, as long as it doesn't have more than 0.3% THC concentration. The same applies to other CBD products, such as gummies and mints.
Things are different when talking about consuming CBD oil for medical purposes. In this case, Texas law requires clients to get a prescription from a licensed physician. They should apply for approval through the Compassionate Use Program (CUP).
The Texas Department of State Health Services doesn't issue cannabis or marijuana cards to patients. Thus, they need a written prescription to prove they can get the CBD oil they are asking for.
Most CBD oil prescriptions specify that it should have less than 1% THC. It's way more than what most people are legally allowed to get in the state, which makes getting approval beforehand more important.
Being caught with CBD oil with high THC concentration will lead to serious criminal charges unless the person proves they have state approval or a legitimate prescription.
What Does the Federal Law Says About Cannabis Oil?
Texas law is similar to the federal level when it comes to marijuana. Though it's federally illegal, CBD oil and other edibles are acceptable if they follow the regulations stated before.
Since lawmakers considered edibles, such as CBD oil, a way for people to enjoy the effects of THC without directly doing marijuana, it's unlikely that it will become legal in the future. Regardless of that, the U.S. has always been relatively progressive when it comes to this substance.
It's worth noting that it's not that the government specifically made CBD oil legal. The law speaks generally about substances that come from hemp. That includes other products, such as gummies, mints, and vape cartridges.
The fact that cannabis oil is legal on a federal level has allowed companies to grow industrial hemp more confidently. More states have started to issue flexible regulations on controlled substances, too.
Texas laws have always been restrictive towards the marijuana plant and possessing THC oil. That's the reason the ruling upholding the ban on manufacturing was unexpected.
In a nutshell, is CBD legal? Yes. That means all products that come from it - including oil - are allowed, as long as they have less than 0.3% THC.
Naturally, what federal and local laws say about possessing THC oil directly changes the way the market moves around those products. The Texas Tribune stated that the legalization of CBD directly affected the number of arrests related to cannabis sativa.
Besides that, now there are more people professionally selling THC oils, which means there are more Texas CBD consumers.
Does the Texas Health and Safety Code Mention Cannabis Oil?
The Texas Health and Safety Code does mention cannabis oil and specifies its difference from regular marijuana. That makes things clear for everyone and sets a precedent for other CBD laws.
In a nutshell, the act states that THC oil coming from hemp - as well as other edibles - is legal. It, of course, needs to comply with the regulations regarding the content of the psychoactive compound in the cannabis sativa.
The main highlight the act shows is the difference between consumable hemp products and marijuana. As mentioned before, the latter is an illegal substance.
Under this Texas Bill, CBD oils and hemp-related products will be considered marijuana if they have more than 0.3% THC. Therefore, the penalties for regular possession charges would apply.
Now, the Agriculture Improvement Act also talks about state-legalized hemp and regulations to cultivate and sell CBD products in Texas.
Regardless of that, cannabis laws are still under constant development, so things may change in the future, whether to be more flexible or strict regarding these products.
What About the Texas Controlled Substances Act?
According to the Texas Controlled Substances Act, marijuana is illegal and part of the list. Therefore, using it will lead to potential penalties.
What's interesting here is that the 2018 Farm Bill removed CBD from the Texas controlled substances list. That benefits people in need of medical marijuana or those just using it for recreational purposes.
While legalized CBD is available all around the state, it's important people only buy it from licensed retailers. This is a relatively new industry, and illegal organizations may offer oils with higher THC concentrations than what the law allows.
The local government has been licensing THC oil retailers for years now, so there is a wide array of options in Texas.
Are Other THC Edibles Legal?
CBD oil is just another industrial hemp product, but it's not the only one. Since the law doesn't solely legalize oils but almost all forms of edibles, they are legal too.
These are the most common products that come from industrial hemp:
Gummies
Oils
Mints
Chocolates
Cookies
Brownies
Beverages
Smokable options are not as common as others, but they are still legal in Texas. That means people can buy smokable hemp flowers and CBD vape cartridges. People applying for medical marijuana can't use them, though.
Penalties for Not Following Cannabis Regulations
The potential penalties for not following cannabis regulations are the same as those for possession of marijuana. Hence, their severity depends on the ounces or pounds officers seize at the moment of the arrest.
However, it's not the same to have THC oils as a few pounds of marijuana. In this case, the law would need to weigh the edibles and measure the psychoactive compound concentration in them.
Penalties mainly consist of jail time and fines. The time offenders will spend in prison and the specific amount of money they have to pay depend on the severity of the offense.
Also, the weight of the edibles the offender has determines if the crime is a misdemeanor or a felony. Naturally, the THC levels are an important factor to consider here.
Regardless of the circumstances, being caught with edibles can't be a crime unless the law determines they fit the legal definition of marijuana.
Wrapping Up
The Texas hemp industry is rapidly growing. That means lawmakers may impose new regulations on these products or create a more flexible and safe environment for people to enjoy them. Either way, it's essential to stay tuned to what happens in the state.
While products that come from the cannabis plant are still controlled substances in Texas, people can still buy, sell, and consume edibles, such as THC oil. Hence, they are legal, as long as they follow the restrictions stated in the Texas Health and Safety Code.
Though they are not the same, having illegal cannabis oil leads to the same legal penalties as possession of marijuana. That leaves a huge stain on a criminal record. Skilled lawyers are the best way for people going through that to get out of an ordeal.
Whether it's about other edibles or CBD oil, anyone facing charges for an offense related to cannabis sativa can call the Sparks Law Firm. It takes cases in Ft. Worth, Texas, and people only need to call to schedule a free consultation with one of its attorneys.
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