Clearing Up the Marijuana vs CBD Confusion with a Drug Defense Lawyer

Since CBD came onto the market after the 2018 Farm Bill, CBD products are just everywhere, and you can find CBD listed in soaps, body creams, gummies, and more, so why would a drug defense lawyer be busier than ever?


There is some ongoing confusion around CBD vs marijuana and the varying laws that could lead to you ending up in hot water. And the fact that certain states have varying laws around CBD products doesn’t help things.  Nor does the increasing number of products and their ingredients in a  rapidly changing CBD and cannabis scene.


Although CBD is legal at a federal level (with some stipulations), not all CBD products are legal in every state. The plethora of products and the varying state laws can make trying CBD for the first time disconcerting. 


Besides worrying about the legality of CBD products in your state, you might also be worried about its potential effects, and whether you’ll be able to pass a drug test after taking a CBD product. 


Fortunately, once you know about the differences between marijuana vs CBD, and what your state laws are, making an informed decision is a lot easier.  So as a drug defense lawyer, Gregg Gallian wants to help his clients and the public more generally understand the difference. 


Want to get clear on marijuana laws in your state, how CBD fits into these, and the difference between CBD and marijuana? Keep reading to find out everything you need to know for the state of Texas. 

1. CBD Is a Compound Found in the Marijuana Plant

The first thing to know when it comes to marijuana vs CBD is that CBD is derived from the marijuana plant. It is one of the many cannabinoids that occur in marijuana. 


The term “CBD” is an acronym for its full name, which is cannabidiol. This is a bit of a mouthful, so we’ll be sticking to calling it CBD for short. 


CBD is the second most prevalent cannabinoid in the cannabis plant. Cannabinoids work on the body by binding to cannabinoid receptors in the central nervous system. 


Because CBD is merely one of the many active compounds that occur in the marijuana plant, taking CBD is not the same as consuming marijuana as a whole. 

2. CBD Is Not Mind Altering​

One of the big differences between marijuana vs CBD is that CBD is not mind-altering. It does not have psychoactive effects, and won’t get you stoned.


That said, it can have relaxing, calming effects, which is one of the reasons why people use CBD products. 


The component in marijuana that will get you high is THC. Most CBD products have less than 0.3% THC in them, which is too little to have a psychoactive effect.

3. CBD Is Federally Legal

If you’re wondering whether or not CBD is legal, the short answer is yes. Under federal law, CBD use and products are legal. However, the CBD must be derived from hemp plants, and contain no more than 0.3% THC. 


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In case this is making things more confusing, let’s quickly clear up the differences between hemp and regular marijuana. Hemp is the industrial variety of marijuana. It contains low levels of THC and isn’t for smoking or recreational use. 


CBD use is also legal in almost all 50 states. However, different states have different requirements for CBD. For instance, in Utah, while it’s legal to use CBD oil with less than 0.3% THC, edibles are illegal, with the exception of gelatine cubes. 


Here in Texas, CBD also has to contain less than 0.3% THC, unless it’s for medical use, in which case it can contain up to 0.5% THC. Similar to federal requirements, legal CBD also has to be derived from hemp plants.

4. Full-Spectrum CBD Products Contain THC

Although CBD use is legal in Texas, it’s important to be aware that full-spectrum CBD products can contain varying amounts of THC. Unfortunately, some producers of CBD products aren’t always 100% transparent on their packaging. 


What’s more, THC levels can rise in certain cases. For instance, hemp flowers that test below 0.3% THC can develop higher levels with longer curing times. 


If you’re using a CBD product that erroneously contains more than 0.3% THC, this could come up on a drug test. This can have very unwanted consequences.

For instance, this could land you in trouble with your employer, or even with a DWI charge


Therefore, it’s very important that you source CBD products carefully and make sure they come from a reputable supplier with a history of compliance and transparency. 

5. CBD-Rich Hemp Flower Is Legal in Texas

Did you know that there is one form of marijuana use that’s legal in Texas? That is hemp flowers. Like we said above, hemp is the industrial variety of marijuana. Previously, it was considered mainly as a fiber crop. 


Thanks to current federal marijuana laws, it is now also sought after because of its CBD content.  Like other CBD products, whole hemp flowers that contain less than 0.3% THC are also legal in Texas. 


However, don’t forget about what we said in the section above. THC levels in dried hemp flowers can fluctuate with time. In some cases, the drier the product gets, the higher the THC level can become.

6. Broad-Spectrum CBD or CBD Isolate Can Be a Good Option in Texas

Drug Defense LawyerIf you’re worried about testing positive for marijuana after using a CBD product, the safest way to consume CBD is in isolate or broad-spectrum form. CBD isolate is pure, isolated CBD and doesn’t contain any of the other cannabis compounds.  Broad-spectrum CBD products contain a range of cannabinoids, but all traces of THC have been removed.


As far as effects go, CBD isolate is thought to be less beneficial and effective than broad-spectrum CBD, thanks to what is known as the entourage effect.


This is a proposed mechanism where all of the compounds and terpenes within marijuana work in tandem to produce more than the sum of each one combined. In other words, CBD is thought to be more effective when taken with some of the other active compounds in marijuana. 


Therefore, some people prefer to use broad-spectrum CBD over CBD isolate. However, for the purpose of abiding by Texas marijuana laws, either one will is a safe bet. 

Are You in Need of a Drug Defense Lawyer in Regards to Marijuana or CBD?

Gregg Gallian is a drug defense lawyer who knows that there’s a fair amount of confusion around marijuana vs CBD and what’s legal and what’s not.  If you’re facing legal trouble around the use of CBD or marijuana products, we are here to help. 

Here at Gallian Defense Firm, we are drug defense attorney who specializes in a number of areas of law, from DWI charges to federal criminal defense.

One of our core areas of success for our clients is defending those who have been arrested on a drug charge.  As experienced drug We have a track record of getting drug crime charges dismissed or reduced, even in light of difficult odds against our clients.  If you need qualified help in your corner, we are at your service. 

Contact us today for a free consultation and get the legal assistance you require.