There is a huge controversy brewing in a North Texas county – Tarrant county – over the use of the now Federally legal CBD oil. The mainstream media has picked it up and programs such as News 5 Investigates report that the Tarrant county DA, Sharen Wilson, has announced she will prosecute any case brought before her involving use of CBD oil, in spite of the Farm Bill that was passed earlier this year and signed off on by President Trump, making the sale and consumption of CBD oil legal nationwide.
In order for CBD oil to be legal, it must posses less than 0.3% THC, thus taking out all of the ingredient that gives the “high”, but leaving the healthy and beneficial hemp, which also provides for the lesser known Endocannabinoid System every human body is made up of.
Never heard of the Endocannabinoid System?
There is a reason we are not taught about the Endocannabinoid System (ECS) in school. It’s because the text books are written by our government, who only gives us information they want us to know about and they leave out the part that is convenient for us to not know about. The ECS is one of those things. This allows a huge open door for Big Pharma to step in, pay off Congress and declare Cannabis and CBD oil harmful, dangerous and not beneficial, which is untrue.
CBD has also been found to be non-psychotropic, which means there is no chance of it getting you high. In fact, CBD hemp oils have no side effects at all. Compare this to commonly prescribed pharmaceuticals which can cause all kinds of problems, and it’s clear to see why so many people give up their traditional prescription medications after using CBD.
Actually, CBD is essential to every human in order to maintain homeostasis. Homeostasis refers to the regulation of conditions in the body such as body temperature, blood sugar level, water content, and more. In order for the body to function properly, we need to remain within certain parameters that stop us from getting sick and help us to adapt to our surroundings.
We maintain homeostasis by using negative feedback mechanisms. This means that everything in our bodies is monitored carefully so that, when something changes, our bodies can correct it. This is where the Endocannabinoid System comes in.
The ECS is a network of Endocannabinoids and Cannabinoid receptors that exist throughout our bodies. It exists in all animals on earth, including humans – and it is absolutely crucial to our survival.
In fact, according to Cannainsider:
Put simply, the endocannabinoid system is responsible for maintaining homeostasis in the body. The Encyclopedia Britannica definition of homeostasis is, “any self-regulating process by which biological systems tend to maintain stability while adjusting to conditions that are optimal for survival. If homeostasis is successful, life continues; if unsuccessful, disaster or death ensues.” The endocannabinoid system is made up of three parts: cannabinoid receptors, endocannabinoids, and metabolic enzymes.
Even with all the evidence, Wilson still bears down
With all of the above information, consider Wilson taking this strong measure against an oil that naturally fills in the receptors to our ECS – a system as VITAL to our human bodies as our skeletal system – an oil that is safe, natural and necessary for our survival … Does this mean she is taking a stand FOR Big Pharma? It seems so, and that has Tarrant county residents up in arms.
She has caused such a stir that some store owners are pulling CBD oil from their shelves for fear that Wilson will arrest the store employees. Even though the natural remedy has been proven safe and effective on such painful and even deadly diseases such as epilepsy, AIDS and cancer, Wilson has vowed to prosecute any case brought before her because (in her own statement to News 5)
“The Criminal District Attorney does not have the authority to change the law.”
Wilson claims Texas State law does not provide for the legalization of CBD oil, when in fact, that law is very vague and contradictory at best, with some gaping holes.
Sharen Wilson also added to her statement to News 5 Investigates, “Our office filed almost 50,000 criminal cases last year. We do not spend and do not expect to spend significant resources on cases involving CBD oil.”
I have offered twice for Wilson to make a statement or to come on our show, VLTV, to discuss this subject. She has yet to respond. In one message to Wilson, I specifically asked,
“As you know, I have always been a ‘natural’ person and prefer any natural method of healing myself to pharmaceuticals. The numbers of people who think that way are growing. To take natural, safe methods away would mean your office supports big pharma. Is that a true assumption?”
I also asked Wilson, “What, exactly does ‘significant resources’ mean to you?”
Should she choose to respond, this article will be updated to reflect her response.
A short history of hemp laws nationwide
Hemp cultivation was illegal in the U.S. until very recently. The laws were first relaxed, however, in the Industrial Hemp Farming Act of 2009, which allowed for the cultivation of industrial hemp for research purposes. Later, a provision in the 2014 Farm Bill removed industrial hemp from the Controlled Substances Act altogether.
Under these laws, any product derived from legally-grown industrial hemp with less than 0.3% THC is considered legal NATIONWIDE. This is why so many sellers have entered the market over the last few years. This is the controversy in Tarrant County.
In April of 2017, House Bill 3587 was passed, allowing Texas farmers to grow industrial hemp on Texas soil. Over 30 states are growing hemp for research and marketing purposes. Hemp is one of the most versatile and earth-friendly plants available. Americans began growing hemp in 1645. A McGill University publication on the environmental benefits of hemp states “75% to 90% of all paper was made with hemp fiber until the late 1800’s”. By using hemp to make paper, “we could stop the deforestation” and produce “more environmentally sound paper for less than 3% of the price of wood pulp paper”.
See the actual Texas House Bill 3587 and the exact verbiage HERE.
Is CBD Oil legal in Texas?
You will find both answers in searching for a simple YES or NO answer online. Texas does have a Compassionate Use Act in place.
As stated in the “Compassionate Use Act”:
If you are prescribed the use of medical CBD oil and use ‘low-THC” CBD, then the use is legal.
Texas has legalized marijuana – not CBD oil – for medical use only, but only in a very narrow set of circumstances. The Compassionate Use Act of 2015, authorizes the prescription of “low-THC cannabis,” defined as having no more than 0.5% THC for patients diagnosed with intractable epilepsy and entered into the state-maintained “compassionate-use registry.” The Act requires prescription by two physicians however, it is currently illegal under federal law for a physician to “prescribe” marijuana. Under a 2000 court ruling, it is legal for physicians to “recommend” marijuana to their patients, BUT the language of the Compassionate Use Act calls for a prescription, setting up a conflict with Federal law, right off the bat.
Additionally, according to BHW Law Firm, in order to qualify for the medical use of CBD, the patient must have tried TWO FDA-approved drugs [ie. Big Pharma] and found them to be ineffective. If you do not fall within the qualifications set by the Compassionate Use Act, then possession of CDB oil containing any amount of THC is against Texas law.
The state of Texas does not currently have legislation allowing for the cultivation of hemp, though industrial hemp derived from the mature stalks of the Cannabis sativa plant may be sold and consumed, per state law.
CBD distributors continue to contend the legality of the oil in Texas
Many distributors continue to press that it is legal to buy and consume CBD oil in Texas.
According to one Texas distributor, CBD Hemp oil is federally legal in Texas as long as the THC content is less than 0.3%, it is then classified as Hemp not Marijuana. CBD Hemp oil falls under the same importation and commerce laws as other hemp products. The state of Texas has no further policy specifically related to CBD hemp oil, so it is legal to purchase and use, according to this Texas distributor.
CBD oil drops are legal, says the same distributor, and you do not require a permit or recommendation from your doctor to buy CBD products. It can be purchased online and shipped to your home, anywhere in the USA. (I purposely did not cite this Texas distributor to protect them from any targeting, should there be any).