Hiring Jeff Kennedy turned out to be one of the best decisions of my life. Mr. Kennedy was able to have my case dismissed. Yes, outright dismissal of the charge!

A.C.

We did exactly as Jeff instructed and the case was dismissed. There are no words to explain how happy we are with his performance.

Anonymous

Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car.

Anonymous

Hiring Jeff Kennedy turned out to be one of the best decisions of my life.

A.C.

We did exactly as Jeff instructed and the case was dismissed. There are no words to explain how happy we are with his performance.

Anonymous

Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car.

Anonymous
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Is CBD Oil Illegal in Texas?

Texas takes a firm stance on drug use. When other states are becoming increasingly flexible, Texas grows more rigid. Marijuana use is now legal in many states, and medical marijuana use is legal in many of the states where recreational use is outlawed. Texas allows neither, except under The Compassionate Use Act, which is extremely limited in scope.

The Compassionate Use Act of 2015 only allows those diagnosed with an incurable form of epilepsy to use marijuana for medical purposes. Additionally, patients must have tried other medically authorized drugs that proved ineffective in treating their condition before they can receive a prescription for low-THC cannabis.

So, what is CBD oil and is it illegal in Texas?

CBD Oil and Texas Law

You might be surprised to learn that CBD oil is just as illegal as other forms of marijuana in Texas.

What is CBD oil, anyway? CDB oil is short for cannabidiol, which is an ingredient found in the marijuana plant, cannabis sativa. This oil is non-psychoactive, and it can be used to treat certain illnesses or diseases, such as epilepsy and psychotic disorders.

What Happens If You’re Arrested for Possession of CBD Oil?

As you’re probably already aware, marijuana possession and use is illegal in Texas, and even possession of a very small amount can put you in jail for up to 180 days. Plus, you’ll be hit with a fine of up to $2,000. The law makes no distinction between the oil that is made from the marijuana plant and other types of marijuana.

That means that if you’re caught with this oil without a valid prescription, you can be prosecuted in criminal court.

Defenses Against Conviction

Yes, there are defenses your lawyer can look into to see what would be most useful for your set of circumstances. For instance, if you’re in possession of CBD oil and you’re a guardian for a person with epilepsy who has a prescription for the drug, then you could use that as a defense.

A few other possible defenses against conviction are listed below:

  • The CBD oil didn’t belong to you.
  • You were searched illegally.
  • The laboratory made an error.
  • Your rights were violated.
  • You have a prescription.

Reach Out to a Marijuana Possession Lawyer in Texas

Texas is behind the times when it comes to medical marijuana use, and only a very limited amount of people qualify to use CBD oil for medical purposes. For all others in Texas, the use of marijuana is prohibited. This means that, if you’re caught in possession of any part of the marijuana plant, you can be prosecuted under Texas law.

A conviction can negatively impact your life. Make sure you don’t just accept the first plea offer without at least speaking to a lawyer first. Your lawyer might be able to work out a better deal with the prosecution on your behalf, or they could get your charges dropped altogether.

To reach The Law Offices of Jeff C. Kennedy, call 817-605-1010 or send in the online contact form below.

CONTACT US & GET THE DEFENSE YOU DESERVE

Contact us today for a free strategy session on how we can help you win your case.

* All Fields Required

Or Call 817-618-5215

CONTACT US &

GET THE DEFENSE YOU DESERVE

Contact us today for a free strategy session on how we can help you win your case.

* All Fields Required

Or Call 817-618-5215