Free Minds & Free Markets

Texas Health Department Considers Cracking Down on CBD

The Lone Star state's drug laws are about to get even more restrictive.

Roxana Gonzalez/Dreamstime.comRoxana Gonzalez/Dreamstime.comThe Texas Department of State Health Services is considering a crackdown on foods and oils that contain cannabidiol, commonly known as CBD.

CBD is a compound found in cannabis. Unlike THC, the psychoactive ingredient in marijuana, it can't really get you high; it's commonly used to treat chronic pain, anxiety, depression, arthritis, and epilepsy. That doesn't mean regulators aren't coming for it, though.

If the proposal is passed, retailers who carry products containing the compound will have to either destroy their goods, send them back to retailers, or surrender them to the regulators. This will affect dozens if not hundreds of head shops all over the state that sell CBD lollipops, gummies, oils, and even smoothies. They currently operate in a legal grey area where products are prohibited federally but CBD crackdowns rarely happen, to the point where most retailers feel comfortable offering them, provided the products contain only trace amounts of THC.

No timeline for the new protocol has been released. And since this isn't a new rule, but rather an enforcement of existing federal law—which classifies CBD under the Controlled Substances Act—the decision won't be up for review by the state legislature.

State law does have an exception for medical marijuana patients with epilepsy, who would be able to continue to access CBD products as treatment under the 2015 Compassionate Use Act. But the Compassionate Use program is fairly limited in scope. In order to qualify, patients must have already exhausted other treatment options and received a recommendation from a doctor on the Compassionate Use Registry. There are only 20 doctors in the entire state who can prescribe CBD products––and Texas is home to more than 28 million people.

So even as other states legalize weed and let up on harsh criminal penalties, Texas is a long way behind. In 2016, the most recent year for which statistics are available, the Lone Star State accounted for about 12 percent of the nation's total weed-related arrests while accounting for only about 8.6 percent of the nation's population. As of 2012 data, 97 percent of total marijuana-related convictions are for possession of two ounces or less. It's estimated that, in 2010, the state spent nearly $20 million on locking people up in state and county jails due to weed-related offenses.

If state regulators decide to go after largely harmless CBD products, people with chronic conditions will suffer and taxpayers' money will be wasted as government agents cart themselves from head shop to head shop confiscating gummies and lollipops. It's a shame to think that Texas might move in this more punitive direction while so many other states are figuring out how to loosen up their drug laws.

Photo Credit: Roxana Gonzalez/

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  • Weigel's Cock Ring||

    In addition to their illegal and unauthorized wiretapping of the Trump campaign, did Obama go so far as to physically place a foreign intelligence agent inside the Trump campaign? Kim Strassel of the Wall Street Journal thinks so.

  • Sevo||

    SFd link

  • Weigel's Cock Ring||

    This outdated, worthless piece of crap in absolutely every way site is making it harder to harder to post links without minimizing them, which I absolutely hate and will not do.

    If you Google "about that FBI source" you'll see several links to the story.

  • Agammamon||

    If you Google "about that FBI source" you'll see several links to the story.

    Ain't gonna happen. If its important to you that we read your news then its important enough to you to put the link in properly.

  • Weigel's Cock Ring||

    I honestly don't care much if you read the story or not.

    But I will say that at least you're a real commenter and not a member of the troll farm.

  • Fuck you, Shikha (Nunya)||

    Or spam farm.

  • Mr Smeeth||

    That was impressive, you one upped his laziness with cunty douchebag laziness.

  • SIV||

    Kim Strassel is a doll.

  • Rev. Arthur L. Kirkland||

    An old-beyond-her-years-in-every-way doll, maybe.

  • Tony||

    So if it turns out that Trump is a big fat criminal doing the bidding of a foreign power because he's being blackmailed or whatever, won't all this look like a good idea?

  • Nardz||

    Tony, you're truly special

  • Get To Da Chippah||

    "If we violate someone's rights and it turns out they actually were doing something illegal, won't violating their rights look like a good idea after the fact?"

  • Tony||

    Apparently it's necessary to point out that the original claim is a bunch of made-up horseshit.

    Facts are dead thanks to Republicans. Let's see how that turns out.

  • Sevo||

    "Facts are dead thanks to Republicans"

    This from the ignoramus who has been promising 'they' were going to GET Trump for the last year and a half.
    "Facts", Tony. You should look it up.

  • OpenBordersLiberal-tarian||

    Mueller's investigation is entering its final stages. I'm confident he'll deliver compelling evidence of #TrumpRussia collusion so that next year's #BlueWave Congress can #Impeach.


  • Sevo||

    "...I'm confident he'll deliver compelling evidence of #TrumpRussia collusion..."

    That's FUNNY!

  • Sevo||

    Tony|5.12.18 @ 3:32PM|#
    "So if it turns out that Trump is a big fat criminal doing the bidding of a foreign power because he's being blackmailed or whatever, won't all this look like a good idea?"

    We know this:
    1) Obo had no compunctions regarding using the IRS to harass political foes.
    2) Nor any compunctions regarding making 'royal' law on Friday afternoons via Valery's email.
    3) It is pretty certain that EVERY time his lips were moving, he was lying.
    So, regarding the Wally story (sorta) linked above:
    No predictions, but that story suggests that Obo (or someone in his admin) ought to be subpoenaed to explain why the (then) government administration found it in its interest to plant a spy in the campaign staff of the R candidate. There is scant reason to believe that he'd have scruples regarding the DOJ (see 1,2 & 3, above)
    Perhaps, Tony, it will turn out your fave lying POS might have some 'splanin' to do.
    Perhaps he'll end up a (skinny) slimy POS, doing his own crooked bidding, just like you!
    Won't that look like a good idea?

  • Robert||

    There are only 20 doctors in the entire state who can prescribe CBD products,

    No. I think you mean there are only 20 whose prescription for it may legally be filled. Anyone can prescribe anything.

  • Marcus Aurelius||

    Thanks, Pedantic Pete.

  • Mr Smeeth||

    it's Hihn's sockpuppet, expect it to be stupid.

  • Robert||

    It makes a difference. It shows we still have freedom of speech. Assuming the contrary leads to mischief, as it did in the cas of a Wash. St. voter initiative 20 yrs. ago that purported to allow prescribing; its backers thought they actually were liberalizing what's allowed.

  • SQRLSY One||

    "the decision won't be up for review by the state legislature."

    WTF?!?!? Who in the hell do I vote against, to stop being ruled by dictatorial unaccountable assholes?!?! Who is going to do liberty a favor and shoot the tyrants? Or at least run them through some chipper-shredders?

  • Rigelsen||

    The legislature can always pass new law legalizing CBD or even any form/product of marijuana if they want to and abrogate the regulatory action that way. You might even be able to find a large enough coalition of progressive stoners (say from Austin) and small-governmenters in the Texas legislature to do so.

    Of course, this is one time where having a part time legislature can actually work against you.

  • Fist of Etiquette||

    I'm not going to stand by and let you get high just because your seizures are debilitating or you are depressed or in chronic pain. I'm healthy.

  • SQRLSY One||

    Thank you for your kind and benevolent wishes and "guidance", can I have another!?!?

    (A spanking!!! A spanking!!! ...

  • Jimbo||

    Room 12 is for arguments only!

  • Rich||

    Maybe it needs to be called something more high-class than "weed".

    How about "Texas tea"?

  • Marcus Aurelius||

    Taken. Arkansas ale?

  • Arch Stanton||

    Y'all are so negative. This is actually a step up for Texas. The last time a state agency decided to crack down on sin'n because you know, God, the Texas Alcohol and Beverage Commission raided bars to arrest people who were drunk. Of course they were just following the laws on the books since it is illegal to be intoxicated in public.

  • Marcus Aurelius||

    Had that argument in another state with a friend who was arrested for being drink and Asian.
    Depends on your definition of public. Inside a private establishment shouldn't be considered public. Odd coming from Texas where (at least a few years ago) open containers were legal in the backseat of vehicles outside of certain downtown areas.

  • Earth Skeptic||

    When I moved to Texas the first time (took me a second time to figure out we were a bad fit) the legal number of drinks in a car was total occupants minus one. And at the margarita drive-thru a frosty marg in a styrofoam cup, with plastic lid, inserted straw, and the end of the paper straw cover still in place qualified as a closed container.

  • Arch Stanton||

    To understand this you need to know that this was when GWBush and Rick Perry stacked the TABC with religious zealots who forgot that they are only supposed to pretend to be against alcohol.

    My guess is one of the leaders in the agency got caught with a beer in his hand when he tried to drink all the beer in buddy's cooler while his back was turned and needed to make some outward gesture of self righteousness.

    I would note that the legislature within 2 weeks signed and passed a bill making it legal to be intoxicated in a bar. Our hypocrisy only goes so far.

  • Weigel's Cock Ring||

    On plus side, it appears as though Weigel, Citizen Crustard, and batshit old crazy woman Mary Stack are all busy off enjoying the nice day or something.

    Unfortunately, they will all be back sooner or later filling up 99% of the comments with their bullcrap. They always come back.

  • Crusty Juggler||

    That we do.

  • Agammamon||

    taxpayers' money will be wasted as government agents cart themselves from head shop to head shop confiscating gummies and lollipops.

    Wasted? Think of the *overtime* man. Think of all those 20 year pensions that are going to get spiked. Liz, why do you hate the police?

  • Juice||

    Uh, can't you buy CBD oil legally over the internet?

  • Tony||

    My cat was just licking up the remains of my breakfast, a cheese omelet with a generous amount of hot sauce. I did not know cats could like hot sauce.

  • Don't look at me.||

    A cat. Figures.

  • Agammamon||

    A lot of animals - especially carnivores - don't have much in the way of taste discrimination, at least regarding hot stuff.

  • Sevo||

    "A lot of animals - especially carnivores - don't have much in the way of taste discrimination, at least regarding hot stuff."
    Nor stinky stuff, but they can sniff out a piece of beef fallen off the 'Q in a New York minute.

  • Earth Skeptic||

    So the authoritiarian fucktards in Texas are still in charge.

  • Hank Phillips||

    So the ku-klux remnants of Gouverneur Adolph Briscoe's gang are still busy making sure no Texans can treat their corns or bunions with traditional cowboy remedies. Now would be a good time for the Texas LP to shorten, streamline and edit its platform into something resembling English. At things stand today, if a Texas kid scatters hemp seeds in the lawn and they sprout, even after a lawnmower cuts down the tiny plants, the roots in the ground suffice to throw you out out your government-confiscated home. That's what the DemoGOP has signed into current law. Texans need an alternative party to vote for.

  • Weigel's Cock Ring||

    Man, the number of different accounts Mary Stack trolls under has got to be off the charts.

  • shame on you||

    It is an oil you can not derive a high from....only possible heath benifits. Stop arguing with the crazies and just state the truth.

  • TxJack 112||

    What do any of the comments posted have to do with this article? WTF? Are you people just loons?

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  • ||

    Funny how backward texas and nyc are. Let them suffer.

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