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Texas Hemp Industries Association Clarifies Legality Of Hemp Derived CBD Oil

AUSTIN, Texas, Sept. 15, 2016 /PRNewswire/ — On September 7, the Texas Hemp Industries Association (TXHIA) received notice that the Texas Department of Public Safety (DPS) arrived at People’s Pharmacy’s four (4) Austin locations to confiscate various industrial hemp Cannabidiol (CBD) products.  It is the position of the TXHIA that CBD products legally produced under the Federal 2014 Farm Bill are lawful for sale.

Article by Sheila Hemphill

Background:  In 2015, the Texas Legislature passed SB 339, Compassionate Use Act to allow intractable epileptics access to medical cannabis for distribution under physician oversight.  This law was reported by the media as the “low THC, high CBD bill“. Sheila Hemphill, TXHIA Policy Director surmised, “we believe the media terminology may have created confusion with various law enforcement departments by giving the false impression that CBD only comes from a medicinal cannabis plant and would be subject to DPS regulations.  We appreciate DPS’s diligence to insure product and public safety.  This investigation will bring much needed clarity to the public regarding the legality of industrial hemp CBD products containing 0.3% or less THC.  We are optimistic for a good outcome for all parties.”

About CBD:  Industrial hemp is from a variety of the Cannabis Sativa L plant with concentration levels of delta 9 Tetrahydrocannabinol (THC) of 0.3% or less as defined by the 2014 Federal Farm Bill.  Within the Cannabis Sativa L plant are molecules known as cannabinoids.  All mammals have an endocannabinoid system that is nourished from cannabinoids.  Non-cannabis plants that contain cannabinoids include:  Chocolate- Theobroma cacao, Black pepper- Piper nigrum, Coneflower –Echinacea and others.  Humans naturally produce the cannabinoids Anandamide and 2-Arachidonoylglycerol (2-AG).

Delta 9 Tetrahydrocannabinol (THC) is the only cannabinoid that creates a psychoactive effect.  In the raw plant state, the THC molecule is confined within a different non-psychoactive cannabinoid known as THCA.  Cannabidiol (CBD) is a non-psychoactive cannabinoid found in the industrial hemp plant and has been reported to have anti-inflammatory, anti-anxiety, and anti-seizure properties.

Cannabidiol derived from a legal industrial hemp plant is an essential oil, like lavender or peppermint, and is not subject to the regulation established by the Texas Compassionate Use Act.   This Act created a medical cannabis program that permits THC levels higher than the 0.3% threshold allowed for industrial hemp products. As a medical cannabis program, the Compassionate Use Act increases the THC threshold to 0.5%, and requires that CBD content be “not less than 10% by weight of cannabidiol”.  This clause is the only reference to CBD in Texas State or Federal law.

Since the DPS investigation is analyzing industrial hemp products, the TXHIA is acting as liaison between the retailers and industrial hemp vendors and DPS.  TXHIA is in close contact with DPS as they conduct their investigation into the confiscated products.  At this time, there is not a clear time frame for when DPS will conclude their investigation.  All media inquiries should be directed to the TXHIA.

“Industrial hemp products are safe, legal and can be purchased on-line or on the shelves of hundreds of retail locations in Texas.  Thousands of Texans have purchased and benefited from the use of industrial hemp products such as hemp hearts, protein, milk, cosmetics, and CBD oil,” asserts Coleman Hemphill, TXHIA Executive Director.

About: The Texas Hemp Industries Association is a 501(c) 6 state chapter of the Hemp Industries Association.

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