How A North Texas Woman Was Arrested For Legally Buying A Hemp-Oil Vape

A young woman legally bought a hemp-oil vape product in North Texas to help her cope with anxiety, but she ended up jailed on a felony.

According to Sharon Grigsby from the Dallas Morning News, Kendal Reed, was jailed for possession of a controlled substance, despite her buying her hemp-oil vape legally and being assured that the product was within legal limits. 

“I bought it legally at the corner store,” Reed told officials.

However, the Texas legal system didn’t care, and criminalized Reed for buying a product legally.

Grigsby reported that Reed purchased her hemp-oil vape in 2022 when she had just moved from her mom’s home and started living on her own. Reed said she was feeling a lot of anxiety about paying her bills and her friends recommended her using hemp products to cope with the stress. So she went to a corner shop and bought the vape. The store’s owner assured her that the product was legal and contained THC within state limits.

The product stated that it contained less than 0.3% delta-9 THC. In Texas, hemped-based products are legal if they contain less than 0.3% delta-9 THC.

She recalled that on July 12, 2022 her then-boyfriend drove her home in her car, when police stopped them because the car’s registration was expired. She recalled that her then boyfriend used to smoke marijuana in the parked car, but never when they were driving.

According to the arrest affidavit, when the police approached the car, he noticed a strong marijuana odor. The officer pointed to the vape and Reed acknowledged it was hers. The officer then searched the car and found a small bag of marijuana, the boyfriend said it belonged to him.

Then, the officer arrested him on outstanding traffic warrants and a misdemeanor count of possession of the marijuana items.

However, Reed was arrested on a felony controlled-substance charge. “But how is that possible?” she asked. “I bought it legally at the same place I buy my snacks.”

She then was sent to the Collin County Jail and officers cuffed her hands and feet. She begged officers to test the vape and told them she bought it in a corner store.

Officers found the vape contained 2.53% of delta-9 THC, about seven times the legal limit. Though the products are supposed to be tested, it is difficult for the state to verify the claims of all products, and sometimes products that contain delta-9 THC above the legal limits end up in stores.

A judge then released Reed on a recognizance bond, meaning if she didn’t show up for her court date she’d be liable for a $2,500 bond.

After Reed was released, she had a hard time finding a job and dealing with anxiety. She had to contact a lawyer because Reed was at risk of being arrested again when she didn’t attend court. However, the district failed to send her a letter telling her of the court date.

Reed’s lawyer, Messina Madson,managed to secure a court date to request the arrest warrant to be withdrawn. The district said it had a program for people with substance disorder or that have used illegal drugs, and that if Reed completed it, they could remove the case from their record. However, Reed didn’t use an illegal drug nor had a substance abuse disorder.

“You are asking her to do a program that will cost money and time,” Madson said. “You are giving her consequences for something she doesn’t deserve consequences for.”

In the end, the District Attorney’s office asked Reed for a clean drug test in exchange for allowing the case to be dismissed.

However, the felony charge is still on Reed’s record until July 2025, and her mother said it has caused her daughter to miss college opportunities and a job at a hospital.

“How many young 20-year-olds are getting derailed by this at a time in their lives when such a left turn is not easy to recover from?” Madson said. “This is a big and complicated problem and nobody should have put it in Kendall’s lap.”