The Texas Department of Public Safety has opted against pursuing legal action against an Austin pharmacy that sold products crafted from hemp oil, citing “ambiguities” over the status of CBD products under state law.
The decision spurred one statewide hemp industry advocacy group to renew calls for Texas legislators to clarify laws around the cultivation, manufacture and use of hemp products, according to the Austin Business Journal.
In September, safety department officers visited four Peoples Pharmacy stores. The officers confiscated products containing CBD but not THC.
“Given certain ambiguities regarding the status of CBD under the Texas Controlled Substances Act, the department, after consulting with prosecutors, does not intend to pursue enforcement action based on the tested substance,” said DPS General Counsel Phillip Adkins, according to the Austin Business Journal.
In 2015, Texas lawmakers approved legislation permitting the use of medical marijuana for treating epileptics who hadn’t responded to traditional therapies. The legislation often was referred to as a “low THC, high CBD” bill, the Austin Business Journal noted. A hemp industry official suggested that initiative prompted regulators to mistakenly think CBD can come only from MMJ plants but not hemp.