The Texas Compassionate Use Act has some business owners confused on what products they can sell that contain compounds from a marijuana plant. After speaking with authorities about legally selling cannabidiol-hemp oil, a local business owner learned how her product could potentially result in an arrest — despite her hours of research that said otherwise.
The Waxahachie business owner, who was granted anonymity, has been selling Holistic Hemp Co. products that include cannabidiol hemp oil for over a year. When speaking with one of the owners of Holistic Hemp Co. over the phone, she wouldn’t provide comment on whether the cannabidiol hemp oil contained tetrahydrocannabinol. Instead, she referred the Daily Light to the company's website.
According to the website, “Our products are derived from Hemp, which contains less than .3 percent of THC – the psychoactive compound in marijuana that causes the ‘high’ feeling.”
Waxahachie Chief of Police Wade Goolsby confirmed that cannabidiol hemp oil (CBD) substances are illegal in Texas. He also mentioned how there is a lot of misinformation out there in the public about what is legal and what is not.
Goolsby elaborated that THC oils and CBD oils are both different components of the marijuana plant. He was unsure about the exact chemical breakdown of each substance but affirmed that “there is a very, very small and defined portion that has been legalized and everything else is illegal.”
Ellis County District Attorney Patrick Wilson backed up the law saying, "The only legal marijuana-derivative product in the state of Texas is 'low THC cannabis,' as defined by Section 169.001 of the Texas Occupations Code. Cannabidiol [CBD] is a marijuana derivative still prohibited by Texas law."
He added, "In 2015, the Texas Legislature passed, and the Governor signed, Senate Bill 339, which is referred to as the Texas Compassionate Use Act. That law outlines extremely narrow, and highly regulated, categories of individuals who may produce, distribute, prescribe, and receive low THC cannabis."
The Texas Compassionate Use Act says patients who have intractable epilepsy and have two doctor’s recommendations can be prescribed "low-THC oil."
The local business owner, who was granted anonymity after learning the product was illegal, explained, “It’s a plant-based medicine that our bodies are meant to work with. So you’re just strengthening that system by taking this.”
CBD is also known as cannabidiol, which is a non-psychoactive phyto-cannabinoid found in hemp, which is a cannabis plant. The plant-based product (CBD oil) is made to strengthen the endocannabinoid system (ECS) in the body. The ECS is stimulated by cannabinoids, which is the natural compound found in the body.
The Waxahachie business owner said she’d recommend the product to any healthy person as well as others who deal with arthritis, children with behavioral issues or anyone dealing with an old injury. She also mentioned that the CBD oil acts as an anti-inflammatory and doesn’t have long-term effects on the body like over the counter medicines.
One testimony that stood out most to the business owner was a 10-year-old boy who has autism, spectrum disorder along with other neurological issues. “He has been able to come off all of his higher dosage medications and now he’s just down to a really low dose of a behavioral medication,” she explained.
When doing her research, the Holistic Hemp Co. products stood out most since the company was transparent about the ingredients and the product is third-party tested. Also, there aren’t a lot of fillers ingredients in the oil, just hemp seed oil, and grape seed oil.
She elaborated that 70 percent of the contents of the one-ounce bottles is hemp (CBD). The one-ounce bottles range in potency and price. A 250 mg amount of CBD cost $55 and a 1,000 mg CBD costs $145.
The CBD is infused with other products she sells such as bath soap, bath bombs, massage oil, lotions and face creams.
The Waxahachie business has been in operation for the past two years, and she has sold the product for a little over a year. Over that time, she has developed a steady clientele of 15 people who take the CBD oil regularly.
One client, who asked to remain anonymous, drives from Duncanville for the CBD oil but mainly for the CBD infused beauty products. This client who’s been using the product for over a year particularly raves about Holistic Hemp Co. due to the limited ingredients and the fact that it’s third-party tested.
“It doesn’t even compare to products I buy over the counter,” the client explained. “It goes a long way and does a great job, seriously. I have bought high-end cosmetic products for my face for a decade, and this stuff does wonders for my face.”
The client regularly uses the beauty products and will use the CBD oil when she has a migraine. She also uses the CBD oil for her pets. She has a 15-year-old dog that suffers from arthritis, which makes him “grumpy and fussy and just after two days he had nothing wrong with him.”
The client shared she also uses the CBD oil for her pets to ease their anxiety when fireworks are going off and when a series of storms are approaching.
When the Daily Light shared the law’s stance on this product, and she replied, “I understand their stance on it. I feel like it’s a little rigid because I can go to any drug store and buy hemp lotion.”
The 56-year-old client emphasized that she doesn’t believe in even smoking marijuana for medical purposes, “I only believe in CBD oil.”
If the product were to be taken off the shelf at the Waxahachie location, the client said she would drive to Ft. Worth to the Holistic Hemp Co. storefront and purchase it there.
Goolsby said that anyone who possesses the CBD products is subject to a criminal offense. He stated, “It probably depends on the quantity. Again, it would be something that we would send off to a lab and see what kind of concentration it is and see where it fit within the law.”
He pointed out that a person could be arrested for this and the offense ranges from a misdemeanor to a felony. But, in the meantime, authorities are working with businesses to inform them about the law.
“We are going to be working to determine who all is selling it and what is being sold and work with them to educate them and if that does not work we may have to result to enforcement,” Goolsby said.
He added if there are any questions, businesses could contact the Waxahachie Police Department at (469) 309-4400. The department is also offering education on a one-on-one basis.
Andrew Branca/Daily Light contributed to this report.
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