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A Texas Attorney Weighs the Legal Ramifications of CBD in Texas

Texas criminal defense lawyerCannabidiol oil is available online and in stores in Texas; however, under the state's Compassionate Use Act passed in 2016, it is legal only for people with intractable epilepsy, and those suffering from this degree of epilepsy must have a doctor's prescription to buy it.

Brick-and-mortar stores in Texas offer numerous CBD products, including bath bombs and creams. Nonetheless, if you purchase CBD items without a valid prescription, even online, you may face charges if you're caught.

You face the most danger if your CBD product contains THC, the active ingredient in hemp, which is related to marijuana. CBD extract or oil doesn't contain any tetrahydrocannabinol, or THC, the psychoactive ingredient that produces a high. So medical patients get the benefits of the hemp but not the high.

If you do not have a prescription, however, the legal consequences could be severe:

Legal penalties

CBD product that contains THC: The minimum sentence is 2 years in a state jail facility and a maximum of 99 years or Life in prison depending on the weight of the oil. This means:

  • Less than 1 gram is a State Jail Felony
  • 1-4 grams is a 3rd Degree Felony
  • 4-200 grams is a 2nd degree felony
  • Over 200 to 400 grams is a first degree felony
  • Over 400 grams is an aggravated first degree felony with a minimum sentence of 10 years in prison


Potential police action is not the only problem a person faces when purchasing CBD products in Texas. For now, there are very few safeguards in place as to the quality of the CBD product you may purchase.

Products are not regulated by the Food and Drug Administration, so the purchaser can't really be sure what's in them. There's no quality control as to safety, effectiveness or purity. The Fort Worth Star-Telegram reports that fake CBD oil has poisoned dozens in Utah. In Houston a smoke shop was raided for labeling the drug kush, a kind of marijuana, as a CBD product.

Possible expansion of uses

Some Texas lawmakers are pushing for changes:

Medical: Lawmakers hope to add multiple sclerosis and other diseases with symptoms of spasticity, such as ALS and Parkinson's disease, to the list of issues covered by the Compassionate Care Act. Proponents argue that many more patients will be able to get relief if this expansion is allowed.

Prescription: Right now, a patient must get a prescription from two doctors in order to obtain CBD products. State Rep. Stephanie Klick, R-Fort Worth, hopes to change that to just one doctor.

If you have a medical condition and need CBD treatment, let attorney Amanda Webb guide you through the process to make sure you are following the law. If you are facing drug charges, attorney Webb can help you fight the charges. Contact us today to learn more.