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CBD Oil in Texas
Are you searching for answers about cannabidiol (CBD) laws in the Lonestar state? If so, you have come to the right page! Below, we will discuss the legal situation regarding CBD oil in Texas, and answer your most pressing questions on the topic including:
“is CBD legal in Texas?” (Yes, it is, more on that below.)
For much of the 20th century, all forms of cannabis and cannabis-derived products were illegal nationwide. After 1970, all forms of cannabis were classified as Schedule I: highly restricted and unrecognized as medically beneficial in any capacity. But the situation entered a grey area as more and more advocates pushed for cannabis medical reform in the first two decades of the 2000s.
While hemp-based CBD was legalized at the federal level in late 2018, each state still has its own legal framework surrounding CBD laws, and in some places, there may also be local laws that impact the sale, consumption, and/or possession of CBD. (Always check with your local law enforcement agencies first if you are uncertain about some aspect of the laws in your locality.)
Hemp-derived products have become widely, legally available throughout the United States since 2018, and an entire industry has been reborn. It is likely that future legislation will help to further clarify any outstanding issues as they relate to the sale, use, and possession of CBD, its formats for consumption, and the plants that it can be extracted from.
Until very recently, most legal entities failed to make any distinction between marijuana and hemp plants, and this caused substantial confusion about the overall legality of CBD and CBD products.
While hemp and marijuana are both cannabis plants, and both plants contain CBD, federal law now makes one clear distinction between hemp and marijuana: hemp contains only trace amounts of tetrahydrocannabinol (THC). (THC is a psychoactive substance that can cause a “high” in users.)
Consuming CBD derived from legal hemp cannot cause a “high” nor can consuming it intoxicate a user.
Is CBD Oil legal in Texas?
Yep! You can buy, possess, and consume CBD oil and related products in TX (except for food and beverage products containing CBD, which remain banned under FDA authority). As availability to the general public goes, these CBD products need to be made from hemp, not marijuana. The federal Hemp Farming Act of 2018, passed in the 115th Congress, made clear that industrial hemp with a concentration of no more than 0.3% is legal, effectively removing the plant from the Controlled Substances Act.
Texas law is now in alignment with federal law when it comes to hemp and hemp-derived CBD.
What are the current CBD laws in Texas?
The wheels of the law turn slowly at times (and often, that is the reason why we end up with legal “grey areas” when it comes to cannabis products). But Texas law has been brought into alignment with federal laws when it comes to hemp. While hemp CBD was officially legalized at the federal level in 2018, it was not until 2019 that Texas state law caught up.
Sometimes it helps to look at the long history of cannabis laws in a state to understand where things stand today.
Looking back at the 20th century, Texas once had extremely harsh laws regarding all forms of cannabis. By 1931, cannabis was banned statewide and those found in possession were subject to extremely harsh sentencing. Prior to HB 447 (Passed in 1973) possession of any amount of cannabis could be punishable by up to life imprisonment.
In 2007, HB 2391, signed into law by Republican Governor Rick Perry allowed police to issue citations, and release offenders, rather than subjecting them to immediate arrest for cannabis possession.
In 2015 a Tea-Party backed conservative, David Simpson, made a religious case for legalization while introducing HB 2165, which proposed legal recreational use of all cannabis. It was not taken to vote on the House floor.
While Simpson’s bill failed, there was progress on the medical front in 2015. Republican Governor Greg Abbot signed SB 339, the Texas Compassionate Use Act, into law in June of that year. The bill allows the use of cannabis oil with less than 0.5% THC to treat intractable epilepsy. Abbot did state at the time however that while he supports compassionate use, he remains opposed to recreational use of marijuana. The Compassionate Use Act passed via a Senate vote of 26—5 and a House vote of 96—34.
In 2019, penalty reductions for cannabis possession were proposed by HB 63. While the Bill passed the House, Lt. Governor Dan Patrick (R) refused to allow a vote on the bill in the Senate.
In June of that year, Texas’ hemp laws were officially brought into line with federal law by HB 1325. HB 1325 makes it legal to cultivate hemp (containing less than 0.3% THC), possess, and sell hemp-derived CBD products to the general public, without the need for a physician’s prescription. HB 1325 passed by a vote of 31—0 in the Texas Senate and a vote of 140—3 in the Texas House.
Marijuana (now legally defined as cannabis with a THC concentration exceeding 0.3%) is still illegal to general consumers, but 2019’s HB 3703 did expand the list of conditions which qualify for the state’s Low-THC (less than 0.5%) medical cannabis program.
In August of 2020, Texas launched the Consumable Hemp Program under the Texas Department of State Health Services (DSHS) and regulations set out to prohibit the manufacture, sale, and possession of smokable hemp products. This ban is not in effect at present, as the issue remains in legal limbo; it is set to go to trial later in 2021.
Can I purchase CBD in Texas?
You can! It is perfectly legal to purchase many hemp-derived CBD products in Texas, and quite easy to do so. You will find CBD available in many local convenience and retail environments throughout Texas. But you can also purchase CBD from an online retailer and have it shipped straight to your front door.
Highland Pharms is happy to ship to you, anywhere in Texas! We can ship our legal, cleanly produced, and safe-to-use CBD products directly to your door whether you are in Houston, Dallas, Austin, Corpus Christi, San Antonio, El Paso, Plano, Forth Worth, Laredo, Arlington, or anywhere in between!
Choose from a wide selection of CBD formats on our website including capsules, vape oils, tinctures/drops, lotions/creams, gummies, and even treats for your pets!
We hope that you will take some time to browse our selection and discover how the “gooey goodness” of CBD might benefit you, your family, and your friends!
Controlled Substances Act – Wikipedia
2018 United States farm bill – Wikipedia
Texas Legislature Online – 80(R) History for HB 2391
Rep. David Simpson files bill to legalize marijuana in the state of Texas (kltv.com)
HB 2165 Repealing Marijuana Prohibition in Texas – Texas NORML
TX SB339 | 2015-2016 | 84th Legislature | LegiScan
TX HB1325 | 2019-2020 | 86th Legislature | LegiScan
TX HB3703 | 2019-2020 | 86th Legislature | LegiScan
Texas Smokable Hemp Hearing Postponed to March – Hemp Grower