CBD Confusion May Continue After Hemp Bill Becomes Law in Texas

The new state law that legalizes help farming and the sale and possession of CBD oil goes into effect immediately

There's been a lot of confusion all over Texas when it comes to cannabidiol oil, with vendors and customers operating in a gray area buying and selling the hemp derivative because the state had no clear rules about whether CBD was legal.

Monday night, Governor Greg Abbott cleared up some of that confusion by quietly signing House Bill 1325 into law. It legalizes hemp farming and the sale and possession of hemp-derived CBD oil containing less than .3% of THC, the compound that produces a 'high' in marijuana.

That new state law goes into effect immediately.

Dallas pharmacist Emile Abdo sells CBD products, he says the new state law is comforting for stores and patients who say CBD provides an alternative to opioids to treat pain.

"It makes me feel a little more comfortable sharing patients or customers that they're leaving here with a legitimate, completely legal product," said Abdo.

But the new law may not completely end the confusion, NBC 5 Investigates has found that field tests police use to identify illegal drugs were not designed to tell the difference between CBD oil and marijuana.

So some CBD users could still be detained until products can undergo further testing.

At the same time, the FDA is still considering whether to place more federal regulations on how CBD is marketed and sold.

Dallas/Fort Worth International Airport tells NBC 5 Investigates they are looking to state prosecutors for an update on procedures, now that the new law is in place.

Airport police will also consult with U.S. Customs and Border Protection which frequently stops travelers with CBD oil and then calls the airport police to make the arrest.

Meanwhile, in May, the Transportation Security Administration changed its cannabis policy to allow passengers to travel with some forms of CBD oil that have been approved by the Food and Drug Administration.

But to CBD fans, Texas is at least a step closer to some clarity.

"I get questions almost every other day, 'oh is it legal' I'm like 'well yes, no we're still waiting on somebody to sign it, but technically maybe,'" said Abdo.

NBC 5 Investigates also reached out to the Tarrant County District Attorney's office to ask what they plan to do with any CBD cases pending right now. So far, the DA's office has not responded.

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