TYLER (KETK) – The Tyler Police Department is warning some local businesses to remove CBD oil from their shelves or they could be facing charges.
CBD oil is gaining popularity across the country.
Cannabidiol comes from marijuana or hemp plants.
People use it to help with epilepsy, anxiety, and other medical conditions.
However, some stores that are selling CBD oil in Tyler have received a letter from Tyler police demanding the businesses stop selling the product.
Dragon’s Breath, a tobacco shop, has been selling CBD oil for a while now.
They say they sell about 100 bottles of the stuff every day.
According to federal law, anything that comes from a marijuana plant is illegal.
If it’s derived from a hemp plant, it’s a different story.
When it comes to state law, if the CBD oil has any THC in it, which is the part of the plant that can get you high, it’s illegal in Texas.
Does all this sound confusing? You’re not alone.
Lauren Gilmore, the manager at Dragon’s Breath, is confused by all these laws, but she says their products don’t have any THC.
“It’s just a natural plant. It’s not bad for you. It’s not like manmade drugs. It’s not mind-altering. It’s something everybody can use, like a supplement,” she said.
Police have a different opinion on the product.
“We feel at this time, due to our state laws, any products that contain any THC, you’re in violation of the law,” Don Martin with the Tyler Police Department told us.
Gilmore says they’re going to keep the CBD oil on their shelves until the police department heads back there to test the products for THC.
If any is detected, the store could face prosecution.
In Texas, it’s completely legal to have CBD oil or medication if you have a prescription from a doctor.
New legislation has been filed about CBD oil and hemp.
Texas House Bill 1325 would allow farmers to grow hemp and it would create a set of rules and regulations for products made from the plant.
This would include CBD oil.
No action has been taken on the state legislation yet.