CBD Oil in Texas: 2021 Legal Status, Where to Buy and More
Whether you are ordering online or purchasing from your local shop, it’s important for you to be fully aware of the laws in your state. Failure to stay informed and up-to-date with the latest CBD laws can compromise your safety and put you at risk of legal problems.
So, is CBD oil legal in Texas? Are CBD gummies, cannabis vape juices and weed legal, too? Is medical marijuana legal?
We’ll get you the answers to those questions later but first, let’s talk about the latest changes in Texas CBD laws.
Is CBD Oil Legal In Texas?
The Texas CBD laws are affected by two factors: the amount of THC and the source of CBD. To potentially clear the gray areas, Governor Greg Abbott signed House Bill 1325 to turn it into a law.
This bill legalizes not just hemp farming but the sale of hemp-derived CBD products that possess no more than 0.3% THC. In case you are wondering, THC or tetrahydrocannabinol is the compound responsible for that “high” feeling one experiences after taking marijuana.
Now, here’s the issue:
The police use field tests that aren’t designed to differentiate marijuana from CBD oil. This means that some CBD users are still at risk of being detained while their products undergo further tests.
This makes it important for a CBD user to be thorough in doing his research about Texas laws . As much as possible, look for reputable brands who submit their products to third-party tests.
It’s one way to make sure that the product you are using actually has less than 0.3% or the legally allowed amount of THC. Those tests can also verify the source of your CBD.
Most brands that have third-party tests are transparent with their results. You should be able to see them on their websites.
If not, you can always email the company or call their customer service to get a copy of the results. If you don’t hear anything from them, it’s better to stay away from that company and find another one.
Where to Buy CBD Oil in Texas
Generally speaking, you won’t have a really hard time finding hemp and hemp-derived products in Texas. After they were declared legal in the state, you can buy from dispensaries and local CBD shop near you.
And if you fail to find a local CBD shop, you can always order online.
Now, if you choose to order your CBD product online, just make sure that you are purchasing from a reputable shop and you’re buying a product that’s been tested for quality, purity, and safety. You see, with the increasing demand for CBD products and their legalization in Texas, the number of misleading brands has increased, too.
And if you’re buying online, remember that customer reviews don’t always tell the whole story. Some aren’t truthful and others are simply fabricated to boost the product’s rating.
Sorting authentic reviews from fake ones can take time. It requires hours and hours of research and verification.
That’s the reason why I have written “best CBD oil review” to provide detailed information about the most qualified CBD companies in the market. This post will help you find in no time the highest quality CBD products as well as latest deal you can have.
If you would like to buy your product online, Sabaidee CBD is one of the most recommended brands. It has good quality products that won’t put you in trouble. Their THC content is within the legally allowed range.
Is CBD oil legal in Texas? Are CBD gummies, cannabis vape juices and weed legal, too? If yes, where to buy them? We’ll get you the answers.
Is CBD oil legal in Texas?
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- What is CBD?
- Why is CBD sometimes illegal?
- Texas CBD laws
- Where to buy CBD in Texas
- 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 stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
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.
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
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:
- Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease;
- Incurable neurodegenerative disorders;
- Intractable epilepsy;
- 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:
- 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
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