Texas THC controversy and young woman unjustly jailed for legal delta-8 fire up readers

I can’t recall a topic sparking so swift a flood of responses as my recent column about Kendall Reed, the young North Texas woman who bought legal delta-8 vape oil and wound up jailed and indicted on a felony drug charge.
Troubling. Outrageous. Unjust. Those are among the adjectives readers used to describe Kendall’s ordeal.
Arrested for an offense she had no way to know she committed, the then-21-year-old endured months of lost wages, court costs, debilitating emotional stress and the prospect of up to two years in prison.
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Collin County eventually dropped the case — 18 months after Kendall’s arrest for a purchase she made at a Garland snack shop to help cope with anxiety. The felony remains on her record until at least July 2025, when a motion can be filed to seal it.
When Gov. Greg Abbott signed HB 1325 in 2019, the state legalized hemp-based products containing less than 0.3% delta-9 THC, shorthand for the psychoactive compound tetrahydrocannabinol.
Since then, harsh unintended consequences such as Kendall suffered have mostly gone unnoticed. Judging from responses to Kendall’s story, similar injustices are playing out across Texas.
Walt, who lives out of state, wrote to say he was stopped six months ago for speeding in Rockwall County and subsequently arrested on a felony for a vape oil he told officers he legally purchased in Paris, Texas. Repeated trips to Rockwall for court appearances and legal fees have exhausted his savings and cost him his job. “My partner of 10 years is working seven days a week just to support us until I can have this adjudicated,” Walt wrote. “It’s tearing us apart.”
Another reader, Steve, wrote about his recent delta-8 vape arrest in the McAllen area, which he said occurred after police pulled him over for an expired registration sticker. The South Texas man said, when he bought the vape cartridge, the smoke shop manager pointed to test results proving its legality — just as the store owner in Kendall’s case did.
The retailer’s information was worthless in both cases after law enforcement testing showed a higher level of THC than advertised.
Steve has spent thousands of dollars in legal fees to fight the felony, but his case remains stuck in a crowded court docket. “The implications are boundless,” Steve wrote. “Policy needs to change.”
A North Texas reader, Thomas, said his daughter, who lives in a Tarrant County suburb, suffered through a scenario almost identical to Kendall’s. “How do we go about fighting this supposed justice system?” he wrote.
Thomas closed with a plea that something be done “to change this ridiculous charge against really innocent people.”
Many readers — not just those prosecuted for hemp-product purchases — echoed Thomas’ concern. Emailers questioned why the Texas Legislature is dragging its feet on closing the troubling loopholes it created in the 2019 legislation and devising mandates enforceable in a just way.
Austin attorney Susan Hays, who was involved in the passage of HB 1325, wrote to say she has been trying to pass “clean up” bills ever since. She said the issue of the innocent consumer and the “it’s perfectly legal” assertion by retailers and manufacturers is a growing conversation.
Matt Hawkins, a Dallas investor in the legalized cannabis industry since 2014, wrote to say my reporting was spot-on. “The hemp-derived intoxicating CBD industry is a regulatory nightmare,” Hawkins said.
Reader Monet wrote, “It’s important for our elected officials to close the loophole on delta-8.” Tim said, “I hope every lawmaker reads it [Kendall’s story] and takes action. I also hope she can get her record fully expunged.”
“Texas should not have changed the law at all to even allow for the hemp exception,” Jeff wrote. “I knew scenarios like this would pop up. You give people an inch, they take a mile.”
Dale emailed to say her family discussed Kendall’s story during Sunday dinner and a young adult at the table shared details of how the same thing happened to a friend. What can we do, Dale asked, to get Texas legislators to dissolve the catch-22 they created?
I encourage everyone troubled by Kendall’s story or concerned about hemp-based products legalized by HB 1325 to email their state representatives as well as Texas Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dan Phelan. Include a link to Kendall’s story so they understand what’s at stake.
On the websites of elected officials, you will find their email addresses or online forms to use to message them. If you don’t know who your state legislator and senator are, you can find the info through the “Who Represents Me” website at wrm.capitol.texas.gov/home.
Among those who emailed me was Messina Madson, Kendall’s attorney, who said multiple parents in her neighborhood read the story and contacted her in shock that something like this could happen. “They asked if there was anything going on to fix it,” she wrote, and whether the vape store by the nearby middle school sells products that might be illegal.
“There really isn’t any way to know since regulation of the products does not reconcile with law enforcement” was the best answer Madson could give the parents.
Others who contacted me since Kendall’s story was published expressed frustration with law enforcement and the courts. Ron said he appreciates “police officers have a hard job, but sometimes they’re just too damn hardheaded.”
Larry said the Plano police and Collin County prosecutors and judges should have listened to Kendall from the beginning. “These people also deserve the ‘justice’ of being ‘recognized’ for their decisions and judgment,” he wrote.
Martin said the report on Kendall’s experiences — including Collin County issuing an arrest warrant despite failing to notify her she was due in court — illustrates the criminal justice system increasingly becoming a “gotcha” process.
“Change will only come with widespread recognition that our justice system is working against the public’s interest,” Martin wrote. “Articles like yours are a welcomed step in that direction.”
Despite being a retired lawyer, North Texan Walter wrote, he finds the statutes created by the hemp legislation confusing. He volunteers at a local hospital and said the information in Kendall’s story and my follow-up column, “Is THC legal in Texas?” will aid him in counseling others.
A physician’s assistant practicing psychiatry in Dallas thanked me for exposing unintended consequences. Kimie said some of her patients have gotten into mental difficulties with hemp products they thought contained little THC. “I will keep Kendall’s story in mind as I advise them going forward,” she wrote.
Several readers said the column led them to have second thoughts about products they are using. Others wanted to make sure Kendall has access to good legal advice during the complicated expungement process.
Debbie of Arlington wanted to send Kendall financial help as she pursues her certification to become an X-ray technician. “Though this will in no way change what happened, perhaps it will at least make things a little easier in her pursuit of a degree,” Debbie wrote.
Cathy from Irving, said Kendall seems like a “sweet young lady who only wants to do the right thing. I cried for her and her ongoing nightmare.”
Kendall, attorney Madson and I have talked a lot over the last six months about that nightmare — including the reality that going public with her story would prolong her time in a most unwelcome spotlight.
Kendall, now 23, was steadfast in her decision. Most people her age are trying legally purchased products like delta-8, she said, and they need to hear why it’s not worth it. “Don’t follow what everyone else is doing” is Kendall’s message and she can’t stress it enough.
Of all the responses I’ve received to the story, the most important one came from Kendall. She appreciated knowing many readers are in her corner and lawmakers might get the message that the law creates unjust predicaments like hers.
Most of all, she wants readers to share her story with the young people in their lives. “I really want it to grab the youths’ attention,” she said. “I want them to know what’s really going on with this stuff.”