Paxton, 040519 TXAGO, AGO RQ-280KP

• Case Date: April 05, 2019
• Court: Texas

The Honorable Ken Paxton AGO RQ-280KP No. RQ-0280KP Texas Attorney General Opinion April 5, 2019           Received April 8, 2019          The Honorable Ken Paxton          Attorney General of Texas          209 West 14th Street          Austin, Texas 78701          Dear General Paxton:          A few weeks ago, the City of Edinburg, Texas wrote to you to request a legal opinion and guidance regarding the confusion surrounding the legal status of cannabidiol (CBD). As the State Representative for the City of Edinburg, and the Chairman of the House Committee on Transportation, I would like to make an official Attorney General Opinion Request.          CBD is a concentrated solvent extract that's produced from cannabis flowers or leaves. It is dubbed as a non-intoxicating extract as opposed to tetrahydrocannabinol (THC). In the last few years, CBD oil and other CBD products have been sold and used to treat a range of medical conditions, including epilepsy, Parkinson's disease, schizophrenia, and anxiety disorder.          Since the enactment of SB 339, the federal government passed the 2018 Farm Bill.^[1] The Bill removed hemp and hemp-derived products from the list of Schedule I drugs under the Controlled Substances Aet.^[2] The federal definition of hemp requires that it contain less than 0.3% THC.^[3] Thus, the wide-spread belief as a result of these laws is that CBD oil extracted from hemp that contains less than Q.3% THC is legal and may be sold, purchased, possessed, and used.          Retail and consumer behavior reflect this belief. CBD stores have opened across the state, including in Hidalgo County, selling a variety of CBD products. Customers visit these retailers to purchase CBD products in hopes of treating their ailments, sometimes chronic. They possess CBD in their homes, in their cars, and in their bags and purses.          Despite the Farm Bill and retailer and consumer actions, certain jurisdictions in the State continue to; prosecute for the sale, distribution, and/or possession of CBD products, including CBD oil. In Tarrant County, District...