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Home Government Tarrant County DA's office releases statement on CBD issue

Tarrant County DA’s office releases statement on CBD issue

The Tarrant County District Attorney’s office has issued a statement on the legality of CBD oil following a recent arrest.

“Our office was asked recently to clarify whether CBD oil is legal in the State of Texas,” Sharen Wilson, Tarrant County DA, said in a statement. “Currently, it is legal only for epilepsy patients through a doctor’s prescription, under the Compassionate Use Act of 2015.”

Cannabidiol, or CBD, has become a popular health aid for use in various maladies.

CBD is a minor constituent of marijuana.

The DA’s office goes on to say that: “In May 2017, the Texas Commissioner of Health added ‘marijuana extract’ to Schedule 1 of the Controlled Substances Act. This criminalized any possession of an ‘extract’ from a plant of the genus Cannabis, and is the basis for the current illegal status of non-prescribed CBD oil.”

The U.S. Congress passed the 2018 Farm Bill reclassifying industrial hemp which contains less than 0.3% concentration of tetrahydrocannabinol, commonly referred to as “THC”. Texas has not legalized hemp. In order to legalize the possession and sale of these products in Texas, Commissioner of Health John Hellerstedt, MD must remove marijuana extract from the Controlled Substances Schedule, according to the statement..

The Texas Legislature is currently considering bills this session to legalize industrial hemp production and related products in our state.

“We encourage those with strong opinions about CBD oil to contact Commissioner Hellerstedt’s office or your local legislators to inform them of your views, according to the DA’s statement.

The statement noted that the office has filed almost 50,000 criminal cases last year and that they have not spent and do not expect to spend significant resources on cases involving CBD oil.