CBD oil spill: Texas lawmaker out to clean up this maddening drug law mess

State authorities aren’t necessarily out to get you for seeking CBD oils made from the marijuana plant.

But neither are officials in much of a position to protect you.

Cannabis-related laws are a maddening mess across the country — it’s legal here, illegal there, in this form, in that — and nowhere more so than right here in Texas regarding medicinal “cannabidiol oil.”

On one hand the oil is legal in the Lone Star State only for intractable epilepsy, and only then by prescription. But on the other hand, it’s being marketed publicly, such as at the “Your CBD Store” that opened last month in Keller. Locations in Frisco, Mesquite and Southlake are expected to follow.

Here’s the rub with the oil: Not only do peddlers and purchasers run the risk of arrest, but since its non-prescribed availability is still technically black market, it is unregulated. That means there’s no government guarantee of what’s in it and what’s not.

Buyer, and user, beware.

Indeed, as reported by The Star-Telegram’s Anna Tinsley, 52 users in Utah were believed poisoned by it last year, and tests of oil confiscated in Houston turned up a chemical also found in the illegal drug known as kush.

And here’s an alarming side effect for you: Any of the oil laced with THC, the psychoactive ingredient in marijuana, could bring felony charges allowing up to 20 years in prison.

Purveyors of the oil are banking on that being an idle threat — and such draconian punishment does seem farfetched, particularly in cases where the sale or use of it is truly medicinal and merciful.

But as long as it’s illegal, the risks are real. And though Tarrant County District Attorney Sharen Wilson’s office isn’t looking to go after CBD oil — and its use involves only a handful of the 50,000-some criminal cases brought to the DA in a year’s time — neither is it fair to carp about prosecutors enforcing existing laws. It’s their job.

The only humane answer is clarity, which only the Texas Legislature can provide. Either it’s legal or it isn’t. If it is, let’s set some clear boundaries and abide by them. If it isn’t, then unregulated bootleg products, whose ingredients may not be safe or even known, ought to be removed from commerce.

That said, we’d first highly encourage lawmakers to immerse themselves in the growing lore of humanitarian uses for CBD oil — while keeping one eye toward the dangers and detriments.

Public safety has to come first, of course. But neither should we exaggerate any alleged threat from reliably sourced, carefully monitored CBD oils. Has there been chaos on the streets of Keller? Is there an epidemic of CBD-impaired drivers?

We applaud state Rep. Stephanie Klick, R-Fort Worth, for being on it. One of the forces behind the state’s 2015 Compassionate Use Act that provided for the oil’s current limited legality, Klick is seeking new legislation expanding and further delineating its legal uses.

Striking the best balance between public safety and human decency won’t be easy, and will take time.

But with the legal picture on CBD oils so cloudy, there needs to be a sense of urgency in Austin — and an uncharacteristic amount of prudence on the streets.