Texas announces CBD crackdown, threatens to pull products from shelves

Texas health authorities announced a proposal to yank CBD products from shelves even if they contain no THC and aren’t marijuana derivatives.

The announcement by the Texas Department of State Health Services comes after the state began a limited CBD-only medical marijuana program late last year.

So far, only three producers have been licensed to sell CBD amid enormous hurdles for patients, including limited access to physicians who will prescribe it.

The crackdown comes from a different agency than the one that oversees medical marijuana.

Texas’ State Health Services, which regulates food products, released a “proposed inspection protocol” that says all products containing hemp-CBD will be seized from store shelves across the state and either returned to the manufacturer or destroyed.

The protocol targets products that contain any more than “trace amounts” of CBD or THC.

“Food products, including hempseeds and hempseed oil, containing these compounds would be considered adulterated,” the agency said in its proposed enforcement protocol.

Public comment on the proposal is due April 16, but the agency has not said when a final decision will be made.

Also unclear is whether the Texas decision affects the state’s legal CBD dispensaries. The agency did not immediately answer questions from Hemp Industry Daily about the plan.

Texas cannabis advocates say the CBD crackdown oversteps the agency’s authority.

“This just came out of the blue,” said Patrick Moran, co-founder of the Texas Cannabis Industry Association.

“This office has had no history whatsoever with CBD.”

But CBD seizures wouldn’t be new for Texas.

In 2016, the Texas Department of Public Safety raided four Austin-area pharmacies and confiscated their CBD oil products.

The agency later returned the products after tests showed they contained no THC, according to Houston TV station KHOU-TV. No criminal charges were issued.

Texas’ latest proposal does not outline possible criminal charges for retailers selling CBD products.

CBD is broadly available at smoothie shops, health-food stores and naturopathic health offices across Texas, according to Moran, and the crackdown would be difficult to enforce.

“If you’re going to try to make this illegal, what does this mean for the businesses already doing this?” Moran said.

“They’d be seizing products without any authority, and this (draft protocol) is their attempt to manufacture some authority.”

5 comments on “Texas announces CBD crackdown, threatens to pull products from shelves
  1. Emmanuel Goldstein on

    Follow the money… Those pigs at Texas’ State Health Services lick the boot of Big Pharma, make no mistake.

  2. Arlen Simpson on

    They are stepping into a area they have no information about on think that because it says from the hemp plant bad boy there are two plants the cannabis plant and the hemp plant cousins but product different compounds cannabis produces THC and Hemp CBD wit trace of THC usually under .04% is what most resellers sell for health issuses

  3. Danny on

    I don’t use, need or desire hemp on any scale other than some occasional flavor from the seeds in my oatmeal once a month. However I am appalled by the behavior of TSHS on this particular endeavor and will push back strongly against such ridiculous actions. Texas has proven to be on the forefront of innovation and has shown leading authority over our timid bordering states over the past decade. We simply cannot afford to trail our neighbors in perhaps the biggest opportunity this century while the hemp market steadily gains ground. Any attempt would be arduous.

  4. Jim on

    Smells like there’s something rotten in the Texas State Health Services offices that should be investigated, and it seems to be spreading throughout the south lately with gummy raids on convenience stores shackling their doors then apologizing when no THC is found. These raids and
    edicts seem a bit orchestrated perhaps, either that or there’s a serious pandemic spreading around down south that it would be well for the Health Services to get a handle on!
    Seriously, is it just that law enforcement and policy makers are that uneducated on hemp CBD vs. cannabis THC content and/or an archaic fear based dark ages attitude, or is someone actually orchestrating these attacks due to opposing economic interests? I’d like to know! I’d like to see an interview with whoever in the T.S.H.S. officialdom has initiated this new policy explaining the perceived need for it and show exactly where in Texas law they are authorized to do it.

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