If Dr. Hellerstedt has his way, you wont get CBD or Hemp In Texas after April 16, 2018



Imagine the gut wrenching feeling you will have if you wake up to this news.

You or your loved one who has been seizure free for the first time in years, is told they can’t have the oils that helped them combat their seizures, or your loved one who has used CBD – Hemp products to help with anxiety, or cancer treatments or……….  These ailments are all life threatening, and preventable..

However, DSHS Commissioner John Hellerstedt wants to change this and rid Texas of CBD-Hemp products, when it would be real simple to ADOPT THE FEDERAL FARM BILL ACT. 

From The Dr’s. BIO

In January 2016, Dr. Hellerstedt took on the role of Commissioner of the Texas Department of State Health Services. With his leadership, the agency strives to achieve the vision of “A Healthy Texas” and fulfill the mission of improving the health, safety, and well-being of Texans through good stewardship of public resources, and a focus on core public health functions.



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After multiple attempts this morning to reach Dr. Hellerstedt by phone, we were unsuccessful in our efforts. However we did speak with Katherine Winkelbaur in his office who assured us a return call today to discuss their open letter:

Till now, there has still been no return call.  ( we are happy to redact this article to include their response should they reach out to us ).

Till Then:

We simply have a few concerns that we would like to discuss and questions we would like answers to.

As they should, Texas DSHS takes great pride in their 90 years of excellence,  and would only make sense that they have made well informed decisions based on facts that would impact tens of thousands of individuals and perhaps hundreds of retail business in order to conclude that it’s in the States best interest to ban all CBD-Hemp products…. Right??

Perhaps, the States Laboratory testing results of CBD / Hemp related products would show the negative impact CBD – Hemps have had on users of this product. We don’t know and may never know what these results concluded as said testing results have not been shared or perhaps even ran by Texas DSHS state of the art laboratory.

In addition to the written response from The General Council of Texas Cannabis Industry Association, there are many unanswered questions, and to our knowledge, the concerns posed by Attorney Cheng who authored this response have gone unanswered.

Below are a few tools to help you get involved, and maybe help garner answers from Dr. Hellerstedt with Texas DSHS.


Send the following questions to Governor Abbots Office:


  • What input if any did Abbots office have in this push for this, and or who else outside of the DSHS Office
  • What resources and research were behind this position, what resource and research has DSHS  used to decide CBD – Hemps as being a threat to Texans?
  • What is the overall objective of the state, how do they think it will benefit the public if all resources are pulled from shelves?
  • The Compassionate Use Act, was approved in 2015, WHY NOW is this being pushed on the public with little or no time to respond ?
  • If SBA backed this position, HOW?
  •  Is The FDA supporting this decision and how?
  • FDA is concerned with mislabeling of foods. However, all consumable products under the FDA must contain its ingredients, thus the removal of CBD / Hemp products from labels, will in fact remove them from the shelves, what alternative measures have been considered?
  • Was the legal memo of Richard Cheng received and read, and if so what is the position of the DSHS and response of the “ Cheng Letter.
  • Have there been any reported cases of harm caused by CBD in Texas or any other state?
  • Is it the case that this proposal would ban Texans from selling CBD products, but not ban the out-of-state purchases and consumption of these products by Texans?
  1. What prompted the “Proposed Inspection Protocol for Hemp”?
  2. Why a “protocol” and not an “Administrative Rule” that requires due process of the public?
  3. What authority is DSHS relying upon for this protocol?
  4. What interaction / input has DSHS received from the FDA?
  5. What type of legal analysis has DSHS done in relation to Compassionate Use Program [CUP] SB as CBD / Hemp products are regulated by the Department of Public Safety?

Texas Compassionate Use Act, has three chosen medical providers permitted to interact with the medical distribution of CBD Hemps. What is the process and waiting period to get in to see one of these medical doctors to get continued and ongoing treatment of CBD-Hemps?

Here you can message Governor Gregg Abbott : FILL OUT FORM

Here you can ask these same questions of DSHS Commissioner John Hellerstedt

or call his office: John Hellerstedt, MD (512-776-7363)

[email protected]


In a final attempt to reach The Commissioner, we were able to reach Katherine again who was surprised we had not heard back from their office. She again assured us we would hear back from them shortly and asked for an email address.

Below is the email received from Press Officer Laura Anton

Anton,Lara (DSHS) <[email protected]>


Today, 2:37 PM

 Hi Tom,

 I understand that you are looking for information about DSHS’s Proposed Hemp and Hemp By-Products Protocol. The proposed protocol is intended to be internal guidance for food manufacturing inspectors. It is not a new rule and it is not part of a formal rulemaking process. The protocol was posted for public comment to get public input into shaping policies for DSHS inspectors charged with enforcing the Texas Food, Drug, and Cosmetic Act in regards to food products and supplements with hemp or hemp by-products in them. It would apply to food products and supplements found during inspections of food manufacturers under Chapter 431 of the Texas Health and Safety Code (Texas Food, Drug, and Cosmetic Act). The protocol would guide the actions of DSHS inspectors who find food products with added THC or CBD (concentrated levels). Inspectors would not take action on food products with naturally occurring trace amounts of THC and CBD. Only food additives on the FDA’s Generally Recognized As Safe (GRAS) list can be added to food. The DEA lists CBD and THC as controlled substances and neither substance is on the GRAS list. The FDA considers them to be adulterants in food and dietary supplements. Drugs cannot be added to food. The DSHS Commissioner will review the public comments prior to making a determination on the proposed protocol. The public comment period ends on April 16 and there is not a defined timeline for when a decision will be made. Public comments can be submitted to [email protected].




Lara M. Anton

Press Officer

( Laura, we have many questions this does not cover, and would like to visit with you prior to the 16th.)