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Cannabidiol And CBD Oil Texas Attorneys

The Latest on Texas Cannabis, Hemp, and CBD: From DSHS: “The proposed hemp rules are currently undergoing the final approval process prior to adoption and implementation of licensing and registration. We anticipate that the rules will be adopted and in effect by the latter part of July. We hope to have licensing and retail registration implemented and available by the end of July at the latest.”

Texas is currently dancing its best two-step around medical cannabis laws and the use of CBD oil.

The Texas Department of State Health Services (DSHS) considered pulling all CBD-infused products from online and in-store shelves before backtracking and determining to let the state’s lawmakers weigh in during the next legislative session.

Texas CBD Oil: What’s The deal?

Compassionate Use Act (S.B. 339), which went into effect back in 2015 allowing low-THC cannabis for treatment of epilepsy through approved dispensaries. Of the three approved dispensaries, one is inactive and the other is on the verge.

As per state legislature, “low-THC cannabis” is defined as:

“…any part of [the Cannabis sativa L. plant] or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:

Not more than 0.5 percent by weight of tetrahydrocannabinol (THC); and

Not less than 10 percent by weight of cannabidiol (CBD).”

Is Cannabidiol Or CBD Oil Legal In Texas?

You have probably seen CBD products for sale at stores across Texas or advertised online. But, can you get in trouble for buying using, possessing, or selling CBD oil in Texas?

Yes, you can. Currently there is nothing in Texas law suggesting it is legal for stores to sell CBD products or for individuals to purchase and possess CBD products. In fact, CBD oils with any amount of THC fall under the Texas Health & Safety Code and are classified as a controlled substance. The punishment is determined by weight of the entire substance. So one small, eye-drop size bottle of CBD oil can land you 2 – 20.

But What About This 2014 Farm Bill & The 2018 Hemp Farming Act?

While both of the bills are indeed game-changers for the CBD industry in permitting hemp-derived CBD oil to be bought and sold (if less than 3% THC & approved by the FDA) while also effectively removing CBD from the DEA’s list of controlled substances, the feds still left the final decision to the states.

So while federal law may allow CBD oil to be bought and sold, it is still illegal in Texas. Now whether or not the authorities are going to come knocking down your door is a different deal and many government entities are electing against using resources to prosecute sellers and buyers of CBD oils and CBD infused products.

See important marihuana and hemp bills for the 2019 Legislative Session.

The Adamo & Adamo Law Firm is extremely knowledgeable in Cannabis Compliance and Regulatory Law, including both marijuana and hemp. Our attorneys are well equipped to assist cannabis business in a multitude of industry facets and are active members in national cannabis and hemp organizations and associations. Contact our cannabis lawyers to learn how to become part of our team.

DWI With Drugs In Texas: What You Should Know

Many people assume a prescription or a CBD product is a free pass behind the wheel. Texas law is more nuanced than that. A driving while intoxicated (DWI) charge can involve any substance, and we often talk with clients who never expected a traffic stop to turn into a drug DWI case. Below, we answer two common questions.

What makes a drug DWI illegal in Texas?

Under Texas law, you commit DWI when you drive in a public place while intoxicated. In drug-related cases, “intoxicated” means that a person’s ability to think clearly or perform physical tasks normally is impaired by a controlled substance, a drug, a dangerous drug or a combination of substances. Alcohol can be part of the mix, too.

The source of the substance does not change this. A prescription medication, an over-the-counter product, marijuana or a hemp-derived cannabidiol (CBD) item can all lead to a charge if the state claims it affected your driving. Hemp products with .3% tetrahydrocannabinol (THC) or less are legal in Texas, but some products contain more THC than their labels claim and THC can show up in testing.

Are there drug thresholds similar to blood alcohol content (BAC)?

Not in Texas. Here is how the law works:

No per se numeric limit: Texas does not set a specific drug concentration in the blood as an automatic basis for a DWI charge, as it does with the .08% blood alcohol limit.
Impairment-based standard: Texas law focuses on whether a drug affects your ability to use your ability to think clearly or perform physical tasks normally. The state may pursue a case based on evidence of impairment, even without a specific drug concentration limit.

Because there is no numeric threshold, the state relies on several types of evidence:

Field sobriety tests (FSTs): Officers use the eye test, walk-and-turn and one-leg stand to assess your coordination and responses. These tests were designed around alcohol impairment, and factors such as fatigue, injuries, nerves and roadside conditions can affect your performance.
Drug recognition evaluations (DREs): Officers trained in drug recognition may conduct a 12-step evaluation to assess signs such as vital signs and pupil size. The results rely on the officer’s observations and professional opinions.
Blood and urine tests: These tests can detect drugs or their metabolites in your system. Urine tests may identify metabolites long after a drug’s effects have faded, while blood tests may detect THC without proving that it impaired your driving. Officers generally need a warrant or your consent to draw blood.

Each of these tools has limits. We closely examine how officers conducted the traffic stop, administered the field tests and handled the lab work, so you understand the strengths and potential vulnerabilities in the state’s case.