Can You Go To Jail For CBD Possession?

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The US. Farm Bill of 2018 removed hemp products from the Schedule 1 list, that had the likes of cocaine, heroin, and PCP on it. Now hemp and products that come from it with a THC level of below .3 % are legal to possess, use, and ship both locally and across state lines.

However, police field procedures have not yet caught up with the law; in particular, the testing kits do not specify what levels of THC are present just that THC is present. A positive THC result can lead to an arrest, and the recent arrests in Cibolo have many people worried about possessing CBD and what the exact legal status is.

To deliver accurate information to our customers and staff, we teamed up with Attorney Shawn Brown with one of San Antonio’s Top Ranked Law Firms,  The Law Office of Shawn C. Brown.

Q: Is it legal to possess CBD in San Antonio?
A: CBD is legal as long as it has less than .5% THC which is the new threshold as it was .3%

Q: How could someone be arrested for CBD in San Antonio?
A: Someone can be arrested for this as an officer is not going to have the ability to determine the percentage of THC only that THC is present. So if they do a field test on the substance, it will show a presence of THC so yes they can get arrested.

Q: What should we do if stopped by police, in possession of CBD?
A: If someone is stopped by police to be polite and always exercise your rights. Such as you don’t have to give consent to search etc. If you get arrested, call an attorney immediately!

Q: What should do if taken to jail for possession of CBD?
A: Call Me, Shawn Brown, I can do bonds as well as represent individuals arrested. My number is 210-224-8200. Save it to your contacts and memorize it. My team and I handle these types of cases often. My website is:

Q: Is there anything else that you would have to say concerning CBD and San Antonio rights?
A: As for anything else, remember your rights and keep my name and number handy so we can help if someone finds themselves in a difficult situation!

Here are some followup questions that you all will probably find interesting:

Q: The only thing that I see mentioning the .5% levels of THC is HB 3703 which appears to only apply to the Compassionate Care Program. Is this .5% level also applicable to the general public?
A: Yes I am sure the .5% will pass.

Q: You mentioned your bond service. How does that work exactly?
A: Bond service is when someone gets arrested they need to post bond to be released.  As an attorney I can help with the process of bonding someone out of jail.  Not all attorneys can bond someone out of jail. This helps because I can give discount where they don’t have to pay double to a bondsman and then hire an attorney.

Q: If stopped with CBD should it be presented or proclaimed?
A: I am always of the position to not let anyone search anything without proper authority. the officers on the side of the road will not know the difference and when they do the field test it will show as THC therefore leading to an arrest.  Best approach is to be respectful and polite address the reason for the stop and don’t let anyone search without proper authority.

Q: Is possession of CBD products probable cause for a search?
A: Possession of CBD will most likely lead to probable cause for a search, as officers will not be able to determine the difference on the roadside whether it falls under the .03% or .05%.

The Take Away:

As the politicians and law enforcement are working out the details of updating the laws and roadside testing procedures, it is essential not to get caught up in the middle.

1.)  Your CBD is legal in Texas to possess and use, but if you hand it over to the police like that gentleman in Cibolo, then you could go to jail. So… don’t volunteer it.
2.) If stopped by police, be polite and courteous. But remember that you have the right not to be searched unless they have a probable cause. They most likely will not ask for your consent if they have probable cause for a search.
3.) Always have an attorney at your fingertips. Don’t wait until you need one to find one.

If you haven’t seen the video you can watch it here: Cibolo Man Arrested For CBD

We want to thank Mr. Brown and the Team over at The Law Offices of Shawn Brown for their professional analysis. If you have any questions concerning Texas Law as related to Health and Nutrition Products please send us your questions and we’ll bring them to the Attorney’s Corner!


Stay Safe and Pain Free!

-The Cost Plus Nutrition Team