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Is CBD oil legal in Texas?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Texas CBD laws
  4. Where to buy CBD in Texas
  5. How to read CBD labels and packaging

Texas removed cannabidiol (CBD) with .3% or less of THC from its Schedule I controlled substances list in June of 2019 with the passage of House Bill 1325. As a result, licensed retailers may sell some hemp products with CBD if they also contain the THC within the legal limit. The state allows patients with certain qualifying conditions to use other medical formulations that contain CBD, and new conditions are currently under review.

What is CBD?

CBD stands for cannabidiol. It is a non-intoxicating cannabinoid found in cannabis. Cannabidiol is the second-most abundant cannabinoid in the plant after tetrahydrocannabinol (THC). It has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana and hemp plants.

Combine THC and CBD to fully employ the entourage effect.

CBD oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

Why is CBD sometimes illegal?

Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into the Schedule I category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The Hemp Farming Act of 2018 legalized hemp cultivation and created a legal distinction between hemp and marijuana. Hemp is cannabis that contains less than .3% THC by weight, and marijuana contains more than .3% THC. Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from marijuana, still a Schedule I substance, is considered federally illegal. While hemp is now considered an agricultural commodity, it must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.

The Farm Bill also preserved the power of the Food and Drug Administration (FDA) to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. The FDA maintains that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has begun a process of reevaluating its position on such CBD products, but it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to claims that could be construed as medical advice about CBD.

The federal government still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill allows for states to regulate or even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.

Texas CBD laws

The Texas Department of State Health Services formally removed CBD from the Schedule I controlled substances list on April 5, 2019, following the adoption of the 2018 Hemp Farming Bill, which federally removed CBD from the category.

On June 10, 2019, Republican Gov. Greg Abbott signed House Bill 1325, which established broad regulations for hemp production, cultivation, and testing. The bill sought to create rules to match the federal definition of hemp-derived CBD products.

medical CBD

Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. Photo by: Gina Coleman/Weedmaps

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medical CBD

Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. The Texas Compassionate Use Act legalized CBD with .5% THC or less for patients with:

  • Autism;
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease;
  • Incurable neurodegenerative disorders;
  • Intractable epilepsy;
  • Spasticity;
  • Multiple sclerosis;
  • Seizure disorders;
  • Terminal cancer.

When the Texas Health and Human Services Commission adopts rules on the qualifying diseases, more incurable neurodegenerative disorders may be added to the list.

The only FDA-approved of CBD by the is GW Pharmaceuticals’ Epidiolex.

Licensing requirements for CBD

Patients with qualifying conditions may apply for a medical CBD card though the Texas Compassionate Use Program.

The Texas Department of Agriculture (TDA) approved the proposed State Hemp Plan in January 2020, and the rules and regulations for the cultivation and licensing of hemp growers, processors, and manufacturers have been added to the Texas Administrative Code.

Applications to produce hemp are available on the Texas Department of Agriculture website, and potential applicants are encouraged to contact their TDA regional office.

Texas’ definition of consumable hemp products includes foods, drugs, devices or cosmetics that contain industrial hemp or hemp-derived cannabinoids, including CBD, with no more than 0.3% THC. The Texas Department of State Health Services (DSHS) is creating a registration process for retailers to sell consumable hemp products with CBD.

Texas CBD possession limits

Possession of CBD is legal in Texas, as long as it falls under the .3% THC threshold. The Texas CBD medical program allows CBD with .5% THC for patients with a medical card.

If a patient has CBD that contains more than .3% THC, they could face felony charges for possession of cannabis or THC oil. A conviction carries a sentence of 180 days to two years and a $10,000 fine. Read more about the fines involved for possession of marijuana in Texas.

Where to buy CBD in Texas

CBD is for sale at many wellness and vitamin stores in Texas, despite its confusing legality.

Hemp-derived CBD products can also be purchased through various online retailers.

How to read CBD labels and packaging

CBD product labels contain important information for consumers, an important resource for CBD consumers.

CBD product labels must abide by FDA rules, which broadly restrict claims of therapeutic or medical benefits.

In addition to those state requirements, consumers should seek out only CBD products with the following information on labels:

cbd oil and topical

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate. Photo by: Gina Coleman/Weedmaps

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cbd oil and topical

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Full-spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

Finally, isolate is a product that has gone through more intensive processing to remove all compounds except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Is CBD oil legal in Texas? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Texas CBD laws Where to buy

Best CBD Oil in Texas

Following the lead of states like New York and California, Texas is quickly becoming a prominent market for hemp CBD oil, with shops especially concentrated in Houston, Dallas, and Austin. The latter of these two are the state’s largest providers, with 9 CBD shops each. To narrow down the best CBD stores in Texas, we’ve highlighted a few of our in-state favorites.

Our favorite CBD product can be purchased online for delivery to Texas:

Is CBD Legal in Texas?

Medical marijuana and marijuana-derived CBD are both legal in the state of Texas for patients that are suffering from epilepsy as long as they have obtained a medical recommendation for use. These medical marijuana derivatives are required to have a low THC percentage, and people possessing the medication have to be able to provide proof of medical necessity if asked, so it is always recommended to keep a written recommendation or prescription from a medical professional if you’re going to have medical marijuana-derived CBD products in your possession while living in or visiting the state. Marijuana-derived CBD is not legal for recreational use.

Hemp-derived CBD products are a completely different story in Texas, however. There are no stipulations placed on possessing, distributing, or selling CBD-rich products as long as they were extracted from industrial hemp. Due to the wide availability of hemp CBD, many of the larger cities in Texas such as Austin, Dallas, and Houston have recently become popular areas for CBD specialty shops. In fact, Austin and Dallas are the two largest providers of industrial hemp-derived CBD products in the entire state–with both cities hosting nine large and prominent CBD specialty shops each.

If you prefer local CBD shops, try one of the following in a city near you.

Best CBD Oil Shops in Houston
Voted “Best of Houston” two years running by the Houston Press, Burn Smoke Shop (3107 South Shepherd Dr, Houston, TX 77098, Upper Kirby, Montrose) is conveniently located just off I-69 near Midtown. Reviewers give it a perfect 5-star rating and praise Burn’s diverse selection, knowledgeable staff, and variety of promotions, including a student discount. (Note that Burn Smoke has two additional locations in Houston, in Alief (6732 Hwy 6 # A, Houston, TX 77083) off the Westpark Tollway, and in Westchase (10218 Westheimer Rd, Houston, TX 77042) right off Highway 8.) Down the street, Vapor-Lot (3816 S Shepherd Dr, Houston, TX 77098) is another gold-standard CBD oil destination in town, boasting a five-star rating based on 200 reviews. In addition to some of the best CBD oil products in town, Vapor-Lot offers gift certificates, a Yelp $20-for-$30 voucher, and a rewards system for return customers. Looking for other CBD shops around town? Check out VapeRX in Bellaire (6720 Chimney Rock Rd, Houston, TX 77081) or Spirit Smoke in Huffman (24501 Fm 2100, Huffman, TX 77336), each with excellent customer service and a local, neighborhood atmosphere. (Huffman offers a price match for those in the know.)

Best CBD Oil Shops in Austin
Founded in 2013, Austin Vape and Smoke is the premier CBD shop in the city, with three convenient, well-stocked locations (1601 South 1st St, Austin, TX 78704; 4200 S 1st St, Austin, TX 78745; and 4526 West Gate Blvd, Austin, TX 78745). With all three stores open 7 days a week, 12-13 hours a day, you’ll never have to worry again about CBD shop hours. Reviewers rave over the staff, which is eager to answer customers’ questions and make CBD suggestions on a customer-by-customer basis. Note to first-timers: you can get 10% off your first visit via Yelp. Not far away, Vapor (3401 S Lamar Blvd, Austin, TX 78704) is a 4.5-starred shop with some of the cheapest CBD oil in Austin and great hours (10:30AM-8PM Monday through Saturday; 12PM-9PM Sunday). Founded in 2014, reviewers are quick to highlight the shop’s wall-to-wall selection and excellent customer service.

Best CBD Oil Shops in Dallas
Most of Dallas’s CBD offerings are in the suburbs, but Retro Revolution in Upper Greenville (5429 Greenville Ave, Dallas, TX 75206) is a highly-rated shop that offers CBD oils and then some: handblown American glass, African and Indian art and jewelry, clothing, accessories, and more. Established in 1997, reviewers appreciate Retro Revolution’s personal customer service and unique selection. First-time customers may receive a discount, and the store offers price matching with local businesses and a 10% student discount. In Carrollton, Vapor Land (2810 E Trinity Mills Rd, Carrollton, TX 75006) is conveniently situated just off the George Bush Turnpike. The shop’s CBD oil stock is kept up to date with best brands, and the store doubles as an oxygen bar, delivering 95% O2 with a range of available of flavors. Open seven days a week, 10AM to 10PM; Sundays 12PM-8PM.

Best CBD Oil in Texas Following the lead of states like New York and California, Texas is quickly becoming a prominent market for hemp CBD oil, with shops especially concentrated in Houston,