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CBD oil and Probation

Posted by Lisa Gonzalez | Jul 02, 2019 | 0 Comments

CBD, drug test, oil, THC, fort bend county, criminal law, criminal defense
CBD is legal in Texas. But it could still show as THC on a drug test

On June 10, 2019 the Texas Legislature passed HB 1325 allowing the State to regulate the growth, production, transportation, sale, and consumption of legal hemp products.  This law became effective upon passing the legislature.  Why is this important?  This bill creates a distinction between hemp products and THC.  Fundamentally, it allows 0.30% of THC (in a dry weight) in CBD oil and similar compounds. 

This means Texas will now be treating THC like Intoxication*: it is not illegal at certain levels. 

Because CBD and THC originate from the same plant, Cannabis sativa L., there is no current test or standards on how to test the hemp under this new law.  This means that there is also no test to determine if the consumed THC is at a certain concentration. Most testing that is currently done is based on an all or none standard of present or not present.  This standard is now inefficient considering the new law. 

So what does this mean for me if I am on probation or parole?  It means that if you test positive on a drug test for THC you may not be in violation. Because HB 1325 became effective immediately it means that probation / parole would have to show that you were using marijuana and not CBD oil.  Even if you were using CBD (which is now legal in TX) the concentration of THC must be known to determine if the law is violated or not.  This means that probation or parole may not be able to violate you literally because they may not be able to know the percentage of THC consumed.  

What should I do if I have tested positive?  First, know that this new law exists. Then, hire a lawyer who knows the new law and how to fight it.  Lawyers will generally charge you for a probation violation so you can call the lawyer who originally plead you to probation or you can hire a new one.  You are always entitled to notice and hearing on probation violations and you should have an attorney who can address the violation and explain the law to the Judge. 


We can help.  Call us. 

For more interesting things to know about CBD oil and how it can show as a positive for THC click here.

To see how prosecutors are handling HB1325, click here

*Intoxication is a legal standard indicating the loss of normal use of your mental or physical faculties or a blood-alcohol content of 0.08 or higher.  The term intoxication here is being used to refer to a person who is below a 0.08 blood alcohol content; essentially a person who is scientifically not-intoxicated but still has alcohol in their system.  It is legal to have a blood-alcohol content of less than 0.08 so long as there is no loss of mental or physical faculties. 

About the Author

Lisa Gonzalez

LEGAL ROOTS. The Law office of Lisa Marie Gonzalez was established in 2008.  Her main area of practice is criminal defense, with an emphasis on cases involving DWI, Drugs, Pornography, and Sexual Assaults . She follows in her father's footsteps as a criminal defense attorney. Ralph Gonzalez has ...


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