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CBD Oil & the Texas Compassionate Use Act

There’s a lot of buzz around the growing CBD and cannabis industry, and the effects CBD oil can have on people dealing with various ailments. While the industry is growing and becoming more mainstream, there are still a lot of unanswered questions around it, which can cause quite a bit of confusion with consumers, especially in the state of Texas.

The Texas Compassionate Use Act, Explained

The Texas Compassionate Use Act, passed in 2015, established a registry of physicians use low-THC cannabis to treat patients diagnosed with intractable epilepsy. This legislation raised some questions about how this impacts residents and public safety.  As of this year, this law only covers the medical use of low-THC cannabis as prescribed by a physician and strictly excludes “smoking” as a form of consumption.

The Compassionate Use Act is limited and only applies to patients in the state of Texas with intractable epilepsy.

In 2017, the Texas Department of Public Safety issued licenses to three organizations that have the legal right to dispense low-THC products to qualified patients. The permits gave these specific organizations the authority to grow, process and distribute low-THC cannabis to patients with a valid prescription. Currently, these three organizations include Cansortium Texas, Compassionate Cultivation and, Surterra Texas.

If the state determines a greater need for access to more registered organizations, then they will begin the process of reviving and issuing additional licenses.

Once a physician issues a prescription, the organization then dispenses the product which includes a label with information that would assist law enforcement in confirming the legitimacy of the medicine and present proof of the patients legal right to possession of the product.

This Act does not give private citizens the right to grow their own cannabis, even if it is a low-THC strain. All patients are required to purchase their low-THC marijuana from a licensed dispensing organization.

Under the Texas Occupations Code, “Low-THC Cannabis” is defined as a Cannabis Sativa that does not contain more than 0.5 percent by weight of tetrahydrocannabinol and 10 percent by weight of cannabidiol.

On a related note, CBD is making it’s way into millions of households nationwide as a way to curb anxiety and treat another number of issues including headaches, acne and more. While CBD is a legal substance in the United States, it’s unregulated nature can make it difficult to understand the real effects of the product both physically and legally.

Things to Watch Out for with CBD Oil

The fact of the matter is that CBD oil is not approved or regulated by the FDA, so it can be difficult for consumers to know exactly what they’re getting. It’s possible that certain CBD products include traces of THC, which would make the product illegal in the state of Texas.

If you are found in possession of CBD oil or gummies that contain traces of THC, you could be charged with a felony due to the concentrated nature of the substance. Even though CBD is not an illegal substance is still is not protected or regulated nationally under the law, which means you will lose in court under the argument that you didn’t know it contained THC.