The confusion and ambiguity which surrounds the Texan law on CBD and Hemp are being confronted and cleared up after products were confiscated. The Texas Department of Public Safety (DPS) will not take action against an Austin pharmacy.
Texas Hemp Industries Association calls on lawmakers to clarify policies on CBD hemp
Hemp investigation clears misunderstanding and legal ambiguities says a statewide hemp industry advocacy group calling on Texas legislators to clarify and confirm laws pertaining to the cultivation, manufacture and use of hemp products.
People’s Pharmacy Inc. branded as People’s Rx, were visited by the DPS in September, and officers at four locations confiscated hemp and CBD products.
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CBD not THC
According to a statement to the DPS distributed by the hemp association, the products contained cannabidiol or CBD, but not tetrahydrocannabinol, or THC the psychoactive ingredient in cannabis. CBD is not psychoactive.
Texas Hemp Industries Association Policy Director, Sheila Hemphill, says given the ambiguities surrounding the status of CBD under the Controlled Substances Act (CSA), they have been consulting with prosecutors, and enforcement will not be pursued based on the substance tests.
The statement given by DPS General Counsel, Phillip Adkins read, "This discretionary enforcement decision does not constitute a general opinion about the legality of any product."
In 2015, the DPS Compassionate Use Division came into operation to control the use of medical marijuana for epilepsy patients in Texas. The law is often referred to as the "low THC, high CBD" bill. Hemphill believes this is what led to the confusion among regulators. The perception was created that CBD can only be obtained from medical marijuana plants, not from hemp.
Since 2016, seven conflicting situations with law enforcement came to Hemphill’s attention, none of which resulted in conviction. The misunderstandings caused by the ambiguity in the law related to the status of cannabidiol or CBD has caused confusion, and has been costly and time consuming. It causes unnecessary stress for innocent consumers and businesses, said Hemphill.
Clarification is needed
This event clearly demonstrates the necessity for state lawmakers to define industrial hemp as an agricultural crop and separate it from the Controlled Substances Act (CSA) definition of marijuana.
Hemphill suggested that state lawmakers should define hemp as any Cannabis sativa L plant, or products containing less than 0.3 percent THC. Medicinal marijuana and derived products would be defined as any Cannabis sativa L plant with THC content of more than 0.3 percent.
Industrial hemp should never have been classified as a controlled substance in the first place. It is confusing, because cannabis has so many different strains, some psychoactive and subject to recreational use while others are not.
With cannabinoids believed to have many healing properties, the study of Cannabis will turn into a whole scientific field once research is facilitated and funding is provided. This one plant with the many faces and benefits could solve many of mankind’s problems. We just need to explore its potential to the full. What an exciting journey lies ahead! Now it’s just a matter of getting authorities to understand CBD hemp.