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Is CBD Legal in Texas?

By Trevor Baum August 9, 2021 Wellness

Lone Star State image with question Is CBD Legal in TexasIt turns out the old saying is still true about the lone star state.

“Everything is bigger in Texas” including the vast laws and regulations, and the confusion relating to CBD’s legality.

The good news is that CBD is legal in Texas. The bad news? Well, there’s really not any bad news — just a few things you should know.

So if you live in Texas or are considering visiting, saddle up and strap your boots, this article is for you!

We’ll discuss whether or not CBD is legal in Texas and where you can buy it. Along with different types of CBD products available as well as some common misconceptions you might have heard about its legal status in Texas.

CBD Molecular structureWhat is CBD?

CBD is one of the many naturally occurring compounds found in the cannabis plant, and it has been gaining more attention due to its potential health benefits.

It does not have intoxicating effects like THC (tetrahydrocannabinol), which means that it won’t get you high. Instead, it offers numerous potential health benefits by interacting with our body’s endocannabinoid system.

The ECS is a network of receptors found throughout our bodies that regulate various functions from mood and sleep to appetite, pain perception and more.

Is CBD legal in Texas?

Yes, CBD is completely legal in Texas. In 2018, CBD was federally legalized through the 50 states — including Texas.

CBD’s revolutionary potential was known by the people, and the scientific community for quite a while.

The 2018 Farm Bill recognized it with the legalization of  CBD as long as it contains less than 0.3 percent THC.

Federal Law

At the federal level, hemp-derived CBD is legal as long as it contains less than 0.3 percent THC content by weight. The 2018 Farm Bill removed industrial hemp from the Controlled Substances Act and made it an agricultural commodity that can be legally grown and sold throughout the United States.

This means that all hemp-derived CBD products are now legal in Texas as long as they meet this requirement.

State Laws and Regulations

The state of Texas has adopted the federal law regarding hemp-derived CBD products, which means that it is legal to buy, sell, and possess these products in the state of Texas. However, there are some restrictions on how these products can be sold.

For example, retailers must obtain a permit from the Texas Department of Agriculture to sell any type of CBD product in the state.

In addition, all labels must comply with FDA labeling regulations and include a warning about potential health risks associated with consuming CBD products.

How the Farm Bill Changed Things

The 2018 Farm Bill was a big deal. It called for the complete legalization and decriminalization of industrial hemp.

Hemp’s primary cannabinoid, of course, is CBD!

It also legalized hemp-derived cannabinoid products, so long as they contained under 0.3% THC.

This Farm Bill also refined earlier Pilot Programs where farmers could freely grow and extract hemp.

When it finally arrived after a long time coming, CBD’s popularity wasn’t the only thing that it affected.

One of the most overlooked things it paved the way for the release of thousands of people who were incarcerated for victimless “offenses”.

It also paved the way for people who were looking for natural health alternatives, easier access to CBD and hemp-derived products for people, and the people traditional treatments were simply not working for.

The state of Texas has explicitly stated its adherence to the farm bill. “The 2018 Farm Bill legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs,” the Texas Department of Agriculture explains.

“On June 10, 2019, House Bill 1325, was signed into law by Governor Greg Abbott.” HB 1325 authorizes the production, manufacturing, retail sale, and regulation of hemp-derived products.” [[2](https://www.texasagriculture.gov/RegulatoryPrograms/Hemp.aspx#:~:text=The 2018 Farm Bill legalized,law by Governor Greg Abbott.)]

Is CBD Oil Legal in Texas?Hemp leaf with CBD dropper in front of it

CBD oil is more than just legal. It’s booming!

Many Texas teachers, police officers, career people, and service members are now taking, and thriving with CBD.

Are All CBD Products Legal in Texas?

Every type of hemp-derived CBD product is legal in Texas under both state and federal law. This includes CBD drops, oils, edibles, topicals, and much more.

Pie chart showing sales channels for Hemp-Derived CBD in 2020Law-abiding Texans can buy CBD from local stores without needing a license. They can also buy CBD from any of the premium brands available online.

As you might expect, locals attest that the local CBD scene is booming. But surprisingly, more and more people are switching to online brands as their preferred source of CBD products.

Misconceptions About CBD In Texas

One common misconception is that all CBD products are illegal in Texas. This is not true; only products containing more than 0.3 percent THC by weight are illegal in Texas.

Another misconception is that all CBD products have psychoactive effects like marijuana does – this is also false as hemp-derived CBD must contain no more than 0.3% THC which means it cannot get you high.

Licensing requirements in Texas

In addition to the federal regulations regarding hemp-derived CBD products, the state of Texas has its own set of licensing requirements for retailers selling these products.

In order to sell CBD products in Texas, a retailer must obtain a permit from the Texas Department of Agriculture. This permit is required for any type of CBD product sold in the state, including tinctures, edibles, topicals, vapes and e-liquids.

All labels must also comply with FDA labeling regulations and include a warning about potential health risks associated with consuming CBD products.

Retailers must also ensure that all products meet the 0.3 percent THC content by weight requirement in order to be legally sold in Texas.

Where is CBD Popular In Texas?

CBD seems to be most popular in big cities like Dallas and Austin. However, it’s also popular in Plano, Houston and San Antonio.

The city of Austin’s chamber of commerce estimates that over a hundred jobs have been created by the city’s CBD shops and dispensaries. [4] In addition to all the CBD products we mentioned earlier, these shops often sell smokable hemp/CBD flower.

Anyone over the age of 18 can browse through these stores and make purchases; those under 18 cannot.

What About Hemp Farming In Texas?

Just like CBD products, hemp farming is fully legal in Texas. As a result, many Texan farmers have successfully turned to hemp as a way to supplement their normal farming income!

Senate Bill 339 allowed for the growth of industrial hemp in Texas and created regulations for growers, processors and retailers of hemp products.

But transporting and selling smokable hemp is a different story. Though these practices are entirely legal, Texas law enforcement has confused legal hemp with illegal marijuana in the past.

So the smokable hemp we mentioned earlier is in a real gray zone.

In 2019 one Texas man spent a month in jail waiting for the 1.5 tons of hemp he was transporting to be lab tested.

He was released when tests confirmed that his shipment was indeed low-THC and legal, but not before a whole lot of confusion and stress. [5]

Is Shipping CBD legal in Texas?

This is one area where Texas law and its enforcement line up perfectly. Ordering CBD online in Texas is both legal and easy. In addition, CBD products can be shipped to any part of the state.

Hemp vs Cannabis Products In Texas

It is important to note that hemp and marijuana are two different plants, even though they are both derived from the same species of the cannabis plant. Hemp is a type of cannabis plant that contains less than 0.3 percent THC by weight, while marijuana plants contain much higher levels of THC.

In Texas, only hemp-derived products with less than 0.3 percent THC content by weight are legal. Products made from marijuana plants are still illegal in the state of Texas.

The main difference between hemp and marijuana products is the amount of THC they contain. Hemp-derived products are legal in Texas because they contain less than 0.3 percent THC by weight, while marijuana plants contain much higher levels of THC and are still illegal in the state.

Hemp-derived products are being used for a variety of reasons and general wellness boost without getting you high like marijuana does.

In addition to having different levels of THC, hemp and marijuana also have different uses. Hemp is mainly used for health purposes along with industrial products such as making paper, clothing, rope, building materials and more.

Marijuana is mainly used for recreational or medicinal purposes due to its high(literally) THC content.

Possession of more than four ounces of cannabis is considered a felony!

But As With Everything In Texas, Nothing’s So Simple

On the brighter side, the popularity of smokable hemp products means that marijuana-related arrests have declined since the state legalized  CBD/hemp.

One exception to this is medical marijuana. MMJ is legal in Texas, thanks to the Texas Compassionate Use Act (TCUA). This Act was passed in 2015, and in 2019 it expanded to encompass many more health conditions: [6]

The Best CBD Oil In TexasImage of Texas with two hands, one holding a hemp leaf, the other a bottle of Cannovia's AHHH CBD Oil Drops

If getting CBD products within hours is important to you, you can try the local stores which sell them.

If you haven’t already, consider trying out local CBD-infused Texas wildflower honey. Locals say it’s delicious!

But if you’re looking for more refined, quality CBD oils and CBD topicals, your best bet is shopping online!

Buying CBD online allows you to select a reputable and trusted brand,  choose the premium CBD product for your wellness goals, and often get a sweet deal!

You can buy the best CBD products from the comfort of your home and have them delivered to your doorstep.

However, there are a few things you’ll need to keep in mind.

First, check to see if a CBD product is full spectrum or THC-Free CBD, made in the US (or Texas!), and third-party lab tested before you buy.

Consider reading reviews and product descriptions before you hit purchase.

With the legalization of hemp and CBD products, there’s been a barrage of products which are marked as “CBD Products” while containing only Hemp seed oil, which is devoid of any healing properties of CBD and other cannabinoids.

Highway sign 'Welcome to Texas' with a bottle of Cannovia's GOODNIGHT CBN/CBD Oil dropsClosing Thoughts

As more states legalize hemp-derived CBD products, it is likely that we will see an increase in demand for these products across the country.

This could mean a wider range of different CBD products being available on the market.

It is also likely that research into the potential health benefits of CBD will continue to grow, leading to even more uses for this natural remedy in the future.

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