The complicated legality of CBD oil in Texas

BRYAN, Tex. (KBTX) - Is CBD oil, derived from certain varieties of cannabis plants, legal to possess and ingest in Texas?

The simple answer is yes. However, local defense attorney Shane Phelps says the issue is far from simple.

"If the CBD oil has even a trace of THC in it, which is the main psychoactive component of cannabis, it is a felony drug charge," said Phelps on First News at Four. He points out that this is a much more serious charge than possession of marijuana, a misdemeanor drug offense.

"The reality is that essentially all CBD has THC in it as well," said Phelps, "so it is a big risk."

Most law enforcement carry field testing kits, says Phelps, and can test the CBD oil on the spot.

"No matter how small the amount of THC in the CBD, the defendant can be charged as possessing it," Phelps said.