Cbd oil test high for thc in houston tx

Possession of THC Oil

When you have been arrested for a drug charge then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for you.

Tetrahydrocannabinols (THC), Cannabinol (CBN) and Cannabidiol (CBD)

In Texas it is illegal to possess THC oil and wax and CBN oil and wax, but it is not illegal to possess CBD oil or wax so long as the THC content is .3% or less. Marijuana or Cannabis contains at least 110 types of cannabinoids, of which THC, CBN and CBD are the most abundant and most studied. The main difference is that THC has a psychoactive effect whereas CBN has only a mild psychoactive effect and CBD have no psychoactive effect. It is CBN and CBD in wax and oil form that is used to treat neuropathic or chronic pain, Chron’s Disease, Multiple Sclerosis, Epilepsy and Darvet’s Syndrome, Post Traumatic Stress Disorder, Anxiety, and Insomnia.


Is it illegal to possess a vape pen?

On June 11, 2019, the governor signed a new farm bill that legalized the growing of hemp. The new law went into effect immediately and tracked the recent change in federal law regarding the production of hemp. Agriculture Code §121.00 defines hemp as a strain of the Cannabis Sativa plant, the marijuana plant, with a THC content of .3% or less. Crime Labs in the state of Texas are not equipped to test for the percentage of THC contained in a sample, these labs can only test for the presence of THC.


Can I be charged with THC?

At a trial for possession of THC or CBN, in order to prove their case, it would be required that the State produce evidence of a THC level greater than .3%. However, it is possible that the State could use your own statements or actions to prove that the substance is THC or CBN and not CBD, so use your right to remain silent.


How much time can I get for possession of THC wax or THC oil?

Tetrahydrocannabinols (THC) other than marijuana, meaning in the form of wax or oil is a controlled substance in Texas found in Penalty Group 2 and prohibited under §481.103(a)(1). A conviction for possession of THC wax or THC oil is punishable a wide range of punishment. The amount of the fine and the amount of jail or prison time depends on the amount of the THC wax or THC oil that was found in your possession. Less than one gram of THC wax or THC oil can result in 2 years in state jail and up to a $10,000 fine. If you are found in possession of at least 4 grams but less than 400 grams of THC wax or THC oil, then you can be sent to prison for 2 to 20 years and fined up to $10,000.00.


How much time can I get for possession of CBN wax or CBN oil?

Cannabinol (CBN) other than marijuana, meaning in the form of wax or oil is a controlled substance in Texas found in Penalty Group 2-A and prohibited under§481.1031(b)(3). A conviction for possession of CBN wax or CBN oil is punishable from 1 day in the county jail up to 99 years in prison, or life in prison with the possibility of parole, and/or $1.00 up to $50,000.00 in fines. In Texas, CBN is treated the same as marijuana for purposes of punishment.

What is Delta-8 THC and is it Legal in Texas? [2022]

Over the past couple of years, a once little-known cannabinoid called delta-8 THC has surged in popularity due to its similarities to marijuana — especially in states where marijuana (containing delta-9 THC over .3%) is illegal, like Texas. Walk into any smoke shop or CBD retailer in Texas and chances are you will find this product lining the shelves in forms such as gummies, vape cartridges, or tinctures.

While many Texans are praising what some call “marijuana lite” or “diet weed,” the legality of delta-8 cannabinoids is in a gray area, and the production of it is largely unregulated. In this article, the attorneys at Varghese Summersett walk you through what exactly delta-8 is, the legality of delta-8 consumption, and the future of delta-8 in Texas.

What is Delta-8 THC?

Delta-8 is a cannabinoid derived from hemp that gives similar effects to marijuana such as euphoria and relaxation. While delta-8 is not exactly the same as marijuana, the two cannabinoids are very similar in chemical structure. Marijuana is a THC compound named Delta-9 because of the double bond on the ninth carbon atom, as opposed to the eighth carbon atom in delta-8. The placement of this bond still gives users a “high,” however, it is much less potent than regular delta-9 weed. It is important to note that delta-8 THC is not a substitute for CBD, a non-intoxicating substance also derived from the marijuana plant, as delta-8 still has intoxicating effects.

Why is Delta-8 so Popular?

Delta-8 cannabinoids have become popular because it is viewed as a legal way to attain the high that marijuana gives. While the legality of delta-8 will be discussed later, a legal oversight has allowed delta-8 to be produced, sold, and used “legally” in dozens of states, including Texas. With the strict laws prohibiting the usage of cannabis in many states like Texas, delta-8 is viewed as a legal alternative to weed. Many stores in Texas are selling delta-8 THC without any legal or governmental regulation, allowing consumers to get high from edible gummies, vapor pens, and oil tinctures.

Is Delta-8 THC Legal in Texas?

The short answer to this question is yes, for now, although finish this article to find out how you can be arrested for and prosecuted for delta-8 THC in Texas. While there are no laws expressly prohibiting the usage of delta-8 cannabinoids, there are also no laws outright legalizing its usage. This leaves delta-8 in a legal grey area which is currently being duked out in court. In October 2021, The Texas Department of Health and Human Services updated its website to clarify for the public that delta-8 was a Schedule 1 substance and, therefore, illegal. CBD and hemp retailers challenged it in court, saying this contradicted what they thought was now legal under federal and state hemp laws. Lawsuits were filed attempting to block DSHS from criminalizing delta-8, and retailers got a temporary injunction on the state’s ban, which so far has been upheld by an appeals court. DSHS asked the Texas Supreme Court to step in and reinstate a ban on the products, but the high court refused the request to hear the case. A final hearing was set for January 2022, but it was cancelled and never took place. So for now, delta-8 is legal in Texas.

How Did the 2018 Farm Bill Create this Confusion and Controversy?

Stores across Texas began selling delta-8 THC after the passage of the 2018 Federal Farm Bill, as well as House Bill 1325 in 2019, which legalized the growing of hemp that contains less than .3 percent THC. Delta 8 falls into this category. The Department of Health and Human Services (DSHS), however, later announced, or clarified, that delta-8 was classified as a scheduled 1 controlled substance, a category reserved for drugs that have no accepted medical use, such as heroin. That’s why it’s in legal limbo at the moment.

Will Delta-8 Continue to be Legal in Texas?

That remains to be seen. As mentioned, it’s currently being debated in court and it was also a hot topic in the last legislative session. There were two bills in the Texas House – HB 2593 and HB 3948, which would have criminalized delta-8. Both bills died. So, while Delta-8 may be in a legal purgatory now, it seems that some lawmakers will continue to try and push to treat Delta-8 as normal cannabis. To be sure, delta 8 consumers, retailers, and manufactures will push back.

Can you be Arrested for Possession of Delta-8 THC?

While not explicitly illegal, delta-8 cannabis is indistinguishable from regular delta-9 cannabis unless examined in a laboratory, so you could potentially still be arrested for delta-8 cannabis if officers suspect it is illegal delta-9 marijuana. However, there appears to be no push to prosecute anyone for selling it. In fact, according to the Texas Tribune, the Texas Department of Public Safety has yet to make an arrest.

Can you be prosecuted for Delta-8 THC consumption?

Under certain circumstances, you can be arrested and prosecuted for Delta-8 THC consumption. First, if you are on bond, the judge will likely have issued an order that says you cannot use or possess any cannabinoids. “Any” means exactly that. Courts routinely impose bond conditions that are more stringent than existing laws.

Second, if you are on probation, the court will likely impose a condition that says you cannot possess or consume any cannabinoids. In this case, too, you can be arrested, revoked, and sentenced for what would otherwise be a legal substance. The same can happen if you have a parole condition that prohibits you from using cannabinoids.

Will I Fail a Drug Test Using Delta-8?

Yes, you can fail a drug test if you have only used delta-8 cannabis, as drug tests are unable to distinguish the differences between delta-8 and 9 cannabinoids. As explained above, if you are on bond or probation (the two times you are most likely to be providing a drug test) it likely won’t matter which cannabinoid was in your system.

Arrested for Marijuana or Delta-8 Cannabis? Contact Us.

If you’ve been arrested for possession of marijuana in Tarrant County, it is crucial to contact an experienced marijuana lawyer for legal help as soon as possible. Our dedicated team of criminal defense attorneys has decades of experience and a track record of proven results. Contact us today at 817-203-2220 for a free consultation.

CBD: What Employers Need to Know

CBD seems to be everywhere lately. You may have noticed ads for CBD oil and other products, promising all types of health benefits—from eliminating acne to improving brain function to alleviating cancer-related symptoms. New shops selling CBD have popped up, and established businesses have gotten into the act. There is even a one-mile stretch in Houston where you can find not only a brand-new store that sells just CBD but also an established hardware store that has been around for decades that now sells it, too, alongside gardening supplies and power tools.

The CBD craze raises serious concerns for employers: First, what is CBD (and what is its relationship to marijuana)? And second, what, if anything, should an employer’s drug and alcohol policy say about the use of products containing CBD? To help clear things up, below are some answers to questions employers may have about CBD.

What is CBD, and how is it different from marijuana?

Both marijuana and hemp can contain cannabidiol (CBD), the main ingredient in CBD products. THC (tetrahydrocannabinol) is the psychoactive substance in marijuana that gets users high. Marijuana has high THC content and low CBD content, while hemp is the opposite, with high CBD content and low (or no) THC content.

Because hemp is high in CBD, CBD products are typically made from hemp, not marijuana. CBD first was sold as oil, but it can now be found in extracts, vaporized liquids, capsules, even beverages and cosmetics.

Is CBD legal?

The Agricultural Improvement Act of 2018 (enacted December 20, 2018) makes hemp and its derivatives, like CBD products, legal as long as their THC concentration is 0.3% or less, even without a prescription.

However, Texas state law is stricter, and some authorities have questioned the legality even of CBD products with 0% THC. So under federal law a user will need to be sure that the THC concentration is 0.3% or less, and under Texas state law even CBD products with 0% THC may be illegal without a prescription.

CBD products’ legality is questionable under Texas state law, to say the least.

What if an employee has a prescription for CBD?

The FDA recently approved a CBD-based drug, Epidiolex, for two rare types of epilepsy. There are also a few (very rarely) prescribed drugs that contain THC: Marinol and Cesamet, with future approval likely for another, Sativex. At the state level, the Texas Compassionate Use Act allows CBD medication prescriptions for some patients.

So if an employee tests positive for THC and presents a prescription for a federally approved drug or a drug under the Texas Compassionate Use Act, the employer should seek specific legal counsel to determine obligations and risks, including the risk that disciplining the employee could lead to allegations of disability discrimination.

Will using CBD cause an employee to fail a marijuana drug screen?

Use of CBD can cause an employee to fail a marijuana drug screen if the CBD product contains enough THC. (In fact, a study found that hair products with hemp oil contained THC that could cause a positive THC hair-follicle test.)

This is a problem because there is no regulation of nonprescription products containing CBD. A study of CBD-containing products found their THC content mislabeled in 100% of samples tested. Vandrey, R. et al., Cannabinoid dose and label accuracy in edible medical cannabis products. JAMA. 2015; 313: 2491–2493. So even if a vial of CBD oil says it contains 0% THC, an employee may “involuntarily” ingest THC and have a positive drug screen. Welty, T. et al., Cannabidiol: Promise and Pitfalls. Epilepsy Curr., 2014 Sep-Oct; 14(5): 250–252.

What should employers think through when it comes to an employee who fails a THC drug screen based on using CBD without a prescription?

The hardest CBD question for employers is what to do if an employee fails a drug screen based on CBD use. Understandably, if an employee uses a CBD product labeled as “0% THC” and then fails a drug screen, that employee may feel that any punishment would be for an involuntary act.

There are a few things employers should think through. First, they should consider warning employees that CBD-containing products may also contain THC even if their labels say otherwise, coupled with a reminder of the employer’s drug-testing policies.

Second, employers should keep in mind that CBD is not documented to impair users, unlike THC or alcohol. So using CBD, on its own, should not affect job performance, and employers should likely not compare CBD ingestion to ingestion of legal substances that can affect job performance, like alcohol or sleeping pills. It makes more sense to focus on two distinct problems when an employee uses CBD products, specifically that they: (1) are arguably illegal under Texas state law, and (2) may contain THC, which is illegal and can affect job performance.

Third, with these two distinct issues in mind (its illegality and that it may contain performance-impairing THC), employers should decide what discipline would be appropriate for an employee who honestly believed they were ingesting THC-free CBD oil and then fails a drug test. Comparisons to similar situations can help. For example:

  • How would the employer treat an employee who had a positive hair-follicle drug screen and proved to the employer’s satisfaction that it was due to using hemp oil on their hair?
  • How would the employer treat an employee who claims that they failed a drug test not because they chose to smoke marijuana but because they were around marijuana smoke and inhaled it second-hand? Or an employee who claims that her positive drug test results from her unknowingly eating a brownie made using oil containing THC?
  • Less similar, but still worth considering: How would the employer treat someone who voluntarily ingested a compound knowing it contained THC, but did so in a state where THC is legal?

The Bottom Line:

CBD products raise tricky questions: they are legal under federal law if they have low THC content, but are likely illegal under Texas state law. CBD does not impair job performance, but CBD-containing products are often adulterated with THC, which is illegal and does affect performance. There are no easy answers, but considering how the employer treats similar situations (like involuntary THC ingestion or voluntary but legal THC ingestion) can help employers clarify their approach to CBD oil and drug testing.