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Measure Clarifying CBD Oil Sales in Texas Heading to Gov. Abbott

Texas lawmakers have approved a bill legalizing industrial hemp farming as well as production and sale of certain types of CBD oil manufactured from hemp. HB 1325, the Hemp Farming Act, by St. Rep. Tracy King, D-Uvalde, was approved by the Texas Senate in a 31-0 vote.

The measure now heads back to the Texas House for a quick concurrence on a Senate amendment before it heads to Gov. Greg Abbott’s desk for consideration. King told the Dallas Morning News last week that he expects Abbott to sign HB 1325 into law.

Experts say drought-tolerant hemp could become a $3-5 billion cash crop in Texas. For broadcasters, the measure brings much needed clarity as to what CBD oil products are legal to sell and advertise in Texas.

King’s bill legalizes the sale of CBD oil containing 0.3 percent or less of tetrahydrocannabinol (THC), the chemical compound that produces the “high” for which marijuana is known.

HB 1325 would put in place testing and labeling requirements which would remove uncertainty of advertising such products.

Some potential CBD oil advertisers have claimed that their wares were THC-free, but law enforcement raids in various Texas jurisdictions have shown otherwise. In several cases THC field tests showed the confiscated CBD oil products had more than trace amounts of THC in them.

Because of law enforcement’s recent history of testing, law firms staffing TAB’s Texas legal hotline have advised stations that advertising CBD oil products in Texas is done at the station’s risk. A station could encounter problems from local law enforcement by promoting a product later proven to be illegal through testing.

The only clear legal sale of a CBD oil product under current state law is a prescription-only CBD oil product made for a certain epileptic condition. It is available from one of only three state-licensed dispensaries.

Hemp and marijuana are both members of the cannabis family of plants, but hemp was recently removed from the federal government’s list of controlled substances, which has fueled the call in Texas and 40 other states to allow farmers to grow it, as well as produce CBD oil from hemp.

Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.

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