Since President Donald Trump signed the 2018 Farm Bill, sales of cannabidiol (CBD) have significantly increased. The Bill legalized hemp with certain conditions on a Federal level. Since then, the sale of hemp derived products in the United States alone has reached $620 million, with experts saying that the sale could rake up to $22 billion by 2024.
This has further compelled more and more states to legalize cannabinoids and marijuana. However, not all states have been supportive of cannabinoids being legalized. Texas is actually one of the states that were in legal limbo for some time when it came to CBD laws.
This Lone Star State has always displayed quite a stubborn attitude when it comes to the use of CBD oil. Hence, CBD oil in Texas is still a gray area. Luckily, CBD with less than 0.3% THC was removed from the state’s Schedule I controlled substances list when the House Bill 1325 was passed in June 2019.
With the bill, licensed retailers can sell hemp products with CBD in Texas if they contain the THC level that is within the state’s legal limit. The state has also allowed patients with certain qualifying medical conditions to use medication formulas that have CBD. New conditions are still under review.
Is CBD Legal in Texas?
Well, until recently, the use of CBD oil, as well as other CBD products in Texas, was illegal. However, with the passing of the 2014 Farm Bill, things changed for the residents of Texas. The bill allowed for industrial hemp to be cultivated in the United States.
In most states, hemp containing no more than 0.3% THC is considered legal for use. The bill paved the way for CBD oil with less than 0.3% to be sold and bought across the US. However, even with the bill, the Department of State Health Services in different states, in conjunction with the government still has rights reserved to make cannabinoids legal or illegal in their states. Hence, Texas still had reservations about CBD.
When the 2018 Farm Bill was passed in 2018 by President Donald Trump, several states, including Texas, decided to set their own CBD use and sale regulations.
On April 5, 2019, the Texas Department of State Health Services removed CBD from their list of Schedule I controlled substances, following CBD’s removal from the same category by the 2018 bill. A month later, on June 10, 2019, House Bill 1325 was signed into law by Governor Greg Abbott. Abbott signed the law and established state regulations for hemp cultivation, production, and testing.
Hence, with the Bill that Abbott signed, Texas created rules that would match the federal definition of CBD derived from industrial hemp. This means that retailers can stock up and sell CBD oil without being concerned with the legality of the hemp derived CBD products on their shelves.
Texas also has a Texas Compassionate Use Act that allows patients with intractable epilepsy to use cannabinoids in the form of an FDA-approved CBD drug known as Epidiolex. Luckily, the program has since expanded to include other medical conditions such as:
- Multiple Sclerosis
- Amyotrophic Lateral Sclerosis (ALS)
- Parkinson’s disease
- Alzheimer’s disease
- Huntington’s disease
Before the state expanded to allow for these qualifying conditions, the state’s legal, medical program wasn’t gaining much traction. Less than 600 epilepsy patients out of 150,000 were initially approved to have a medical marijuana license.
The expansion has since accommodated over a million Texans to access legal CBD oil. Legal CBD oil is considered low-THC oil, meaning the THC level is less than 0.3%.
In 2015, Texas formally rejected a radical House Bill 2165 that was looking to legalize the adult use and possession of cannabis. Texas had always taken little action when it came to trying to advance marijuana-related legislation.
As a matter of fact, if you are caught with a single marijuana joint in Texas, you could get a misdemeanor and sentencing of up to 180-days in jail. Hence, even with the many pro-cannabis activist groups and individual Texans like State Representative David Simpson trying to push for the legalization of cannabis in Texas, the efforts always hit a wall with the state.
Hence, as per the Texas State Legislature, Low-THC cannabis is legal in Texas. This means that any part of the marijuana plant, or any derivative, compound, preparation, or of the cannabis plant, should contain no more than 0.3% THC by weight and not less than 10% CBD by weight.
However, even with CBD being legal in the state, physicians in Texans should avoid recommending low THC oil because, by doing so, federal laws will be broken. The federal law still maintains that cannabis hasn’t been recognized as a form of medicine yet.
Attorney Richard Cheng wrote a letter to the Department of State Health Services (DSHS) after the DSHS tried to crack down on the illegal sale of this compound as per prior Texas law. The DSHS insisted that storefronts and retailers were selling hemp derived CBD oil to consumers who weren’t diagnosed as qualifying patients.
Hence, on behalf of the Texas Cannabis Industry Association (TCIA), the attorney argued in the letter that it should be the Texas Department of Public Safety and not the DSHS. That should be the designated state agency that governs any issues related to cannabis or cannabis-derived products.
However, things eased down with the passing of HB 1325 because it paved the way for retail store owners to stock and sell cannabinoids without worrying about the legality of hemp-based products in their stores.
In a sense, this law has unintentionally decriminalized marijuana because there is no way for law enforcement officers to distinguish hemp and marijuana. Both compounds are strains of the cannabis plant. Hemp and marijuana flower buds tend to look, taste, and even smell the same.
Luckily, patients with qualifying conditions who need CBD can avoid being raffled by law enforcement by getting a medical marijuana card via the Texas Compassionate Use Program.
As of January 2020, the Texas Department of Agriculture added the rules and regulations for hemp cultivation and licensing of hemp growers, manufactures, and processors to the Texas Administrative Code. TDA also approved the State Hemp Plan.
If you are looking to produce hemp, you should apply to the Texas Department of Agriculture Website. You should contact the TDA regional office to do so. According to Texas law, consumable hemp products include drugs, foods, cosmetics, or devices containing industrial hemp or hemp-derived CBD with less than 0.3% THC.
As long as you are in possession of CBD oil in Texas that falls under 0.3% THC threshold, you are within the legal grounds. As for patients with medical cards, the Texas CBD medical program allows them to be in possession of cannabinoids with 0.5%.
If you are found in possession of CBD with more than 0.3% THC, you could face felony charges for marijuana or THC oil possession. If convicted, you could face sentencing of 180 days – 2 years and a fine of $10,000.
While you can legally grow hemp once you register or be in possession of CBD with no more than 0.3% THC, selling these hemp oil in this state can be a bit tricky. Essentially, only authorized pharmaceutical drug stores in Texas are fully allowed to stock as well as sell Epidiolex, the FDA-approved drug.
Even these licensed stores can’t legally stock or sell CBD oil in any form. Under the Compassionate Use Program, the Texas Department of Public Safety has authorized only three dispensaries that can distribute and grow cannabinoid products.
Though there has been a rise in retail stores selling CBD in this state, in the form of oils, gummies, drinks, and other edibles, these stores have done this illegally, even though the store owners claim otherwise.
Hence, store owners stocking CBD oil products run the risk of having their products confiscated and action being taken against them. Though DSHS no longer holds the authority to manage and penalize retailers selling CBD products in the state, store owners are not entirely safe. However, so far, there haven’t been any arrests made by the Texas authorities for buying, selling, or possessing CBD oil from unauthorized retail stores.
Why You Should Buy CBD Oil Texas Online?
As mentioned earlier, only about three dispensaries have been authorized to sell CBD-derived Epidiolex in this Lone Star State and other retail stores that sell CBD oil products. However, to avoid getting in trouble with law enforcement, it is better to buy CBD online.
With online shopping, you can quickly get your CBD oil products shipped to you without leaving your home’s comfort. We highly recommend online shopping, mainly because most retailers don’t even bother to know how the products they sell were extracted or how much THC level the products contain.
With online buying, you can easily confirm the THC level of CBD products as well as the extraction process used. It is always best to go with CBD oil products that have been CO2 extracted. CO2 extractions method produces pure hemp extracts and also helps retain potential beneficial molecules of the industrial hemp.
You can always check the company’s lab test results to confirm that the product has less than 0.3% THC or no THC. You can also get several online offers and discounts from online CBD retailers and friendly shipping and return policies.
You also don’t have to wake up, get ready, and drive around the state looking for retail stores that sell CBD oil. With just a few clicks, you will easily buy CBD from other states, at any time of the day, and have it delivered to your doorstep in just a few days.
Always make sure that you are buying CBD from a reputable company and retailer to make sure that you are buying products that have been tested for purity, quality, and safety.
Where to Buy CBD Oil in Texas?
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Inclusive of the three authorized dispensaries, you can also buy hemp oil products from retail stores and local CBD shops all over the state. Despite the confusing legality of CBD sale, you will also find a few wellness and vitamin stores that sell CBD products.
Before buying CBD oil from a local retailer, always check the label first. By checking the label, you can see what the plant source is. In which case, always make sure it’s from industrial hemp. The label should also show how much CBD and THC the product contains.
On the CBD front, Texans have a clear historical outlook of how bleak the marijuana struggle has been. Luckily, bills have been signed to law to accommodate low-THC CBD oil derived from industrial hemp. Now Texans can legally shop for hemp products with no more than 0.3% THC and derived from industrial hemp. While we wait for this Lone Star State to accommodate cannabis adequately, residents can now enjoy the therapeutic and medical benefits of CBD.
Frequently Asked Questions
It depends! Following the 2018 Farm Bill that was signed into law, CBD with no more than 0.3% THC can legally be consumed by children, teens, youths, and senior adults. However, anyone below the age of 21 years is required to have parental supervision while on CBD. Pregnant women should also be extra cautious about using CBD.
It is still a ‘buyers beware’ market when it comes to buying CBD in Texas. Hence, you should be very careful when purchasing CBD oil products from local stores and retailers. To ensure you are entirely safe, we recommend buying hemp-derived CBD online.
Yes. However, doctors and health workers in Texas are only allowed to prescribe CBD-derived Epidiolex to patients with intractable epilepsy. However, this is only applicable because Epidiolex is an FDA-approved CBD-derived drug that makes it legal to prescribe. Hence, it is illegal for physicians to prescribe CBD oil for other medical conditions.