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Illegal to Purchase Hemp Flower
In: Criminal Law0

It Is Now Illegal to Purchase Smokable Hemp Flower at Stores

In 2019, Governor Abbott signed a law that legalized the production, manufacture, and sale of cannabinoids, known as CBD. This is a low-THC cannabis product derived from hemp, which means it does not result in the “high” of marijuana. In Texas, CBD can be produced and sold in a variety of forms, as long as it has no more than 0.3 percent THC. Retail establishments began selling oils, edibles, and smokable flower.

However, as of August 2, 2020, CBD can only be sold in “consumable forms'' in Texas, since the Department of State Health Services finalized the rules for hemp in Texas. The rules prohibit the “manufacture, processing, distribution, or retail sale of consumable hemp products for smoking.” This means that stores can no longer sell (and people cannot buy) hemp flower legally if it is marketed as smokable, even if it has negligible amounts of THC.

The laws regarding the new ban on smokable CBD products are confusing and ever-changing. Some companies have already filed a lawsuit to try to overturn the ban on smokable hemp flower, and a Travis County judge temporarily blocked the ban while the case is pending. However, in the meantime, you should know what the existing law means as it stands, as well as what to do if you are accused of purchasing an unlawful CBD product.

You Can Still Purchase Loose Hemp Flower

Hemp flower is hemp in its natural state. While many people choose to smoke flower, others use it to make teas or other consumables. Many retailers will stop selling pre-rolls, but might likely keep selling hemp flower, but with marketing changes to offer flower for tea and edibles. Consumers can purchase flower marketed as smokable and technically be within the confines of the law.

The main issue that Texas authorities have with hemp flower is that it can be indistinguishable from illegal marijuana flower without sophisticated testing methods. Therefore, officers do not know whether someone possesses lawful hemp or unlawful marijuana. This means that you might end up getting arrested when you properly purchased hemp flower from a retailer. It is essential to seek defense representation immediately after any arrest or citation. The right attorney will know where the law stands at the time and can defend against your allegations.

Do Not Wait to Call a Fort Worth Criminal Defense Lawyer

Even as cannabis-related laws change, Texas takes a strict position when it comes to selling, purchasing, or possessing cannabis products - even though CBD is now legal. If you are purchasing CBD, you should always make sure that you understand what is lawful and what could land you in handcuffs facing drug possession allegations.

At the law office of Fort Worth criminal defense attorney Kyle Whitaker, we handle many drug possession cases, and we aggressively defend against all types of criminal charges, Call 817-332-7703 or contact us online for the help you need.