GUADALUPE COUNTY, Texas – A North Side man saidÂ he was arrested and thrown in jail for possessing legal CBD oil.
â€śI feel like Iâ€™m living a nightmare,â€ť said Taylor Deshotel, referring to the felony charge for possession of a controlled substance hanging over his head.
Cannabidiol, also known as CBD, is a compound in cannabis that does not get users high.
After being stopped for a simple moving violation by Cibolo police in July, Deshotel said the situation took an unexpected detour.
â€ś(The officer) asked me, ‘Is there anything in the car I need to know about?â€™ I handed him the CBD pen with the CBD juice in it. I mean, I wasn’t worried about anything,â€ť Deshotel said.
Deshotel said he had no problem giving the officer the vape pen because he truly believed it was a legal product.
The packaging theÂ CBD oil cam in said it containsÂ no THC, which is the active compound in cannabis that gives users a high. Deshotel said when he called the oilÂ company, he found out that wasn’t exactly the case.
â€śExactly what theyÂ said, 0.005,Â which is about a crumb of THC,â€ť Deshotel said.
Guadalupe County AttorneyÂ Dave Willborn saidÂ .3 percent or less THC is within the legal threshold for hemp and CBD oil, but since there’s currently only a way to test for the presence of THC in a substance, not the concentration,Â Deshotel’s charge is pending.
â€śFor me to be going through a controlled substance charge over something that is legal when they sell it everywhere, (I) gave receiptsÂ and then on top of that, it’s like one of the lower-end CBD ones. It’s,Â like, that doesn’t make any sense,â€ť Deshotel said.
The Guadalupe County Attorney’s Office saidÂ that the Texas Department of Public Safety is working on securing lab testing in the next few months, so officialsÂ can determine whether THC in substances exceeds the legal limit.
Meanwhile, Deshotel is now contemplating whether to get a lawyer. However, he said he has no way to pay for one.
â€śIâ€™ve lost my job due to this. Now I’m going through something I shouldn’t be going through. My life is on hold,â€ť Deshotel said.
The Guadalupe County Attorney’s OfficeÂ saidÂ itÂ legallyÂ has up to three years to formally indict these types of cases, but it will give DPSÂ until around Christmastime to offer the necessary testing so that people like Deshotel aren’t left in limbo.
If testing still isn’t ready by then, Willborn said the Guadalupe County Attorney’s OfficeÂ will consider changing its policy.Â Â Â Â Â Â
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