On June 10, Texas Gov. Greg Abbot signed a new law that clarifies which CBD products can be legally sold in the state. The new law, which went into immediate effect, also permits Texas farmers to grow federally-approved industrial hemp crops.
According to the law, Texas consumers will be able to legally purchase any hemp or hemp-derived product that contains 0.3% or less of tetrahydrocannabinol, also known as THC. THC is the compound in marijuana plants that causes psychoactive effects. This means that all cannabidiol, known as CBD, products that contain less than 0.3% THC and meet certain quality control and labeling conditions will now be legal. Before the law was passed, CBD oils and tinctures with even minute amounts of THC were banned in the state.
In 2018, the federal government struck hemp from its official list of controlled substances. As a result, 42 states opened industrial hemp production, a lucrative and growing business, to their farmers. However, while Texas removed hemp from its list of controlled substances in April, it did not allow its farmers to produce hemp until this law was passed. While hemp and marijuana are both cannabis plants, hemp has very little THC in it. Recreational marijuana possession and use remain illegal in the state.
Texas residents facing a drug charge for possession of marijuana or possession of drug paraphernalia may be able to successfully fight the allegation with the help of a criminal defense attorney. The attorney might review the evidence for details that may be used in the defendant's favor and then develop a solid defense, which might be used to get the charges reduced or dismissed.