Will you get busted for CBD in Texas?

By Debbie Strauss - Special Projects Producer, Robert Arnold - Investigative Reporter

HOUSTON - CBD oil is the latest craze.

From coffee shops to wellness studios, whether you believe the hype or not, new stores are popping up in the city and suburbs.

On 420, or April 20, a day popular with cannabis enthusiasts, the Smoking Pot, the area's first coffee shop to offer coffee infused with CBD oil, opened in Spring Branch.

And in Rice Village, Sacred Leaf Wellness opened its doors.

READ: These are the CBD businesses in the Houston area.

"One of the mottos of the shop is you get the benefits of marijuana without getting high," said Cindy Moulton, with Sacred Leaf Wellness."

What exactly is CBD oil? And, is it legal in Texas?

We went to four different district attorneys’ offices in our region to get answers.

CBD with THC is illegal in Texas.

"CBD oil is an extract from the marijuana plant," said Mark Hanna, of the Felony Division Fort Bend County District Attorney's Office. "If someone is caught with CBD oil, our position is it's legal to possess in Texas.

"But, if it has any trace of THC in it, any amount, it's illegal in Texas and you could get busted.

"We're going to follow the laws," Hanna said. "People need to understand you can have CBD oil, but you can't have any CBD oil with THC in it. It's really that simple."

Federal law: 0.3% THC, Texas law: zero percent.

Here's the reason for the confusion:

The federal law allows 0.3% THC. In Texas, the law allows zero percent. The Galveston County District Attorney's Office has prosecuted for this, and Montgomery County has a similar policy. Harris County decides whether to prosecute on a case-by-case basis.

The Food and Drug Administration bans any food containing CBD.

The law gets more complex when it comes to CBD in food, regardless of THC content. Over the weekend, various CBD shops advertising coffee and gummies and other edibles opened up. According to the FDA, CBD infused in food is not legal, regardless of the presence of THC.

Read more here.

Want to explore a CBD shop near you?

Here's a map of the CBD-centric businesses in the Houston area:

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