TYLER, Texas — CBD or Cannibidiol is a non-intoxicating, hemp-based compound found in shops all over the country.
Proponents of the CBD infused products claim it can help alleviate pain and even anxiety in humans and animals.
While there are plenty of shops in East Texas selling the products, Tyler police are saying they are not all legal.'
“Stores are selling this under the farm bill that was done by President Trump in 2018, where if it's under a certain percentage it can be sold," TPD's Don Martin said. "But that's on the federal side not the state side. The state of Texas does not recognize that."
According to federal law, CBD products that contain less than three-tenths of THC, the hallucinogen in marijuana, are legal to be sold to the public.
Texas law is a little more confusing.
The only way someone can buy products containing any amount of THC is through the Compassionate Use Program, which is essentially for people needing medical treatment.
Dragon’s Breath, a Tyler tobacco shop, posted a letter to Facebook last week from the Tyler Police Department containing a warning that all CBD products with any THC in them have to be removed from shelves or risk criminal charges.
“If you had just a little plastic bag of it, then that’s going to be a Class B misdemeanor. But lets say we’re actually selling this product, and we’ve got cases of it, then you’ve got enough of an amount that’s measured that can take you to a felony," Martin said. "Not only that: There’s a difference between possession of it or actually selling it with intent to deliver, and that’s a higher degree offense.”
Police say people should ensure if a product they buy has CBD, it is their responsibility to ensure it has no THC.