MIDLAND, Texas — In West Texas, it's no secret that stores, particularly vape shops, are selling CBD products.
Many of those stores are taking what they see as proactive measures and only selling THC-free CBD products.
That distinction is one that may not matter on a federal level as hemp-based CBD products under .03% were taken off the controlled substance list in 2018 through the United States Farm Bill.
In Texas, it's a distinction that makes all the difference especially to Sheriff Gary Painter in Midland County.
"Any trace of THC in a oil is a felony in the state of Texas," said Sheriff Gary Painter.
Inside his press conference room, Sheriff Painter says there's no question he'll actively enforce state law despite where THC falls on the Federal Controlled Substance list.
"If we know about it than we'll make a case on it and if we know someone that's selling it we'll go make a buy and we'll put them in the penitentiary," said Sheriff Painter.
In Ector County, Sheriff Mike Griffis says while all laws will always be enforced his priorities are currently focused elsewhere.
"I don't believe it's an issue for us and I believe it would be cost prohibitive and time prohibitive for us to try to concentrate on that stuff cause there's so many people dealing it right now."
Sheriff Griffis say he isn't disturbed by stores selling a variety of CBD products and supports their medical use, but will investigate any consumer or retailer if he finds out that anyone is using THC-based products unlawfully.
"As far as recreational use we don't need to get that started at all," said Griffis.
Sheriff Griffis is asking people to beware of what they buy.
"When people buy that stuff they need to be careful with what they're getting and make sure it is what they think it is," said Griffis.
While Sheriff Gary Painter had this advice for people who want to use products with any THC in them.
"If they were righteously having medical problems and they want to use the CBD oil move to Colorado, move to California, if it works for you, stay there."