Is CBD Legal in Texas
  • Rebecca R. Lopez
  • 26 July 2021

Cannabidiol (CBD) is a groundbreaking product that has fascinated the market drastically. It has the power to fight against different diseases that includes inflammation, anxiety, depression. However, it is not legal in many states and receiving suspicious eyes for its association with the cannabis plant.

This element has many beneficial features that help the customers. Many people have a question in their mind in this regard; is CBD oil illegal in Texas? People living in Texas must be aware as they are the luckiest ones to have CBD products. Therefore, it is important to learn about Texas CBD laws before using it.

Texas has eliminated cannabidiol CBD with tetrahydrocannabinol (THC) 0.3% or less. Due to this reason, authorized traders may deal in hemp-derived CBD if they also have THC within the legal restriction. Furthermore, consumers are permitted to have a specific amount of CBD under certain specifications.

We will read in this article all the main aspects, like is CBD oil illegal in Texas, its licensing and all other important elements.

The Legality of CBD for Health Businesses

The Legality of CBD for Health Businesses

Texans are fortunate as they can relish cannabis oil in Texas and other hemp-derived items. It has come as a great update that hemp-driven CBD products have been legalized for business in the Lone Star State. It was declared in 2019 that CBD oil is safe and lawfully acceptable to use as long as it contains less than 0.3 percent THC.

Furthermore, this news brought many changes to the Texas Health and Safety Code. It omitted the hemp from being a controlled substance and made several changes at the state level. In addition, it also made several modifications pertaining to the monitoring and manufacturing of such items.

This amendment was welcomed by several consumers and businesses and declared it a major leap towards the progress of the health industry. Moreover, it is pretty effective against chronic conditions, namely, ache and depression.

Moreover, its demand is soaring through the sky and is so popular that it is giving a tough time to stuff like Christmas trees. This much is the hype of CBD in current times. After its legalization, we have to see what the community hold for this product in Texas.

Is There Any Legal Action Against Possession of CBD Oil?

It totally depends on where you are situated, as the prosecution for CBD possession varies from place to place. For instance, North Texas is not strictly acting against consumers with CBD oil, whereas Collin County is yet to decide on the same. There are also places like Tarrant County, which is stern on prosecuting cases related to CBD products.

It also depends on the amount of THC a product contains, as several penalties are defined for it in Texas. CBD products, especially oil, have less than 0.3 percent of THC in it, which is allowed by the law. However, Tarrant County is more concerned about the THC and will also arraign those products that do not contain THC.

We shall learn about the licensing required for CBD business and farming while not breaking the law in any manner.

The Official Law for Making CBD Oil

The Texas Compassionate Use Act was approved in 2015 that authorized the usage of CBD oil to deal with certain problems, such as seizures. In addition, this Act authorized CBD oils for treating epilepsy and other chronic ailments which are not being treated with federally-authorized drugs.

Furthermore, the Texas Compassionate Use Act permits to license distributors, operating like other compounding dispensaries. Please learn that epileptologists and neurologists are authorized to prescribe CBD oil to patients with the aforementioned conditions.

It is seen that despite the law being accepted in 2015, there was no access to the CBD until 2017. It was put on delay as further time was required to construct a structure to make sure that it is being given to those with legitimate medical conditions. Not only that, but it also calls for a detailed registry ascertaining authentic physicians and pharmacies.

The Rules and Regulations for CBD & Hemp Production

The Rules and Regulations for CBD & Hemp Production

It has been stated everywhere that the legal CBD product must contain THC of less than 0.3 percent. It came into effect by 2019 and had numerous points to consider, which are as follows:

  • The Agricultural Code defines hemp plants as cannabis.
  • The extracts and derivatives of CBD must not contain THC more than 0.3 percent
  • The health and agriculture departments must form the production plan for hemp
  • There were amendments in the previous code which excluded hemp from the list as it had no traces of THC
  • Hemp is no longer associated with marijuana

There are many pieces of research underway to determine the advantages of CBD. However, Texans can now easily consume CBD or hemp oils without worrying about the prosecution. Besides, there are still several standards that are restrained within the state.

Furthermore, there have been new laws that must be kept in mind to check the potency and purity of such products to stay within the regulations. It is all okay as long as the ratio falls within the 0.3 percent limit. Anything above makes you eligible for penalization; however, certain programs in Texas allow the THC level to 0.5 percent.

Licensing Requirements for CBD

However, Texas has now presented health cards or licenses for the people who need CBD goods for medicinal reasons across Texas Compassionate Use Program.

Texas department is responsible for formulating specific standards for licensing requirements and farming of CBD for businesses and farmers. Things are becoming easier with time, and people can cultivate hemp staying within the jurisdiction.

So, you can visit the Department of Agriculture Texas website to apply for the cultivation of hemp. It has come pretty easier and providing many business opportunities for sellers to deal in CBD in Texas.

Things to Consider for CBD Oil in Texas

Things to Consider for CBD Oil in Texas

Cannabis Sativa plant is used to source CBD and does come in compliance with both Federal and Texas State rules regulations. It is suggested that purchasers should look for such products labeled as industrial or mature hemp. Consumers should try to stay clear from the products marketed as THC or CBD products as the law does not properly validate them.

Following are a few of the things people should keep in mind for CBD oil:

  • Texans suffering from uncontrollable epilepsy can get a prescription for CBD oil; however, it is essential to have a product that contains THC of less than 0.5 percent. You must keep in mind that you should purchase it from an authorized dispensary.
  • It is pertinent to mention that physicians prescribing CBD to people of Texas under the Compassionate Use Act should be apprised that it might come in dispute with the Federal law.
  • We would reiterate to not go over products marketed as CBD or THC but should be purchased as industrial hemp.

Keep these points in mind to stay informed about CBD oil and keep yourself safe.

What is the Legal Status of CBD for Minors?

Not only for adults, but the House bill authorized the consumption of 0.3 percent THC legal for teenagers and children as well. However, you must be quite wary when giving such products to minors or women carrying a baby. It is so as it affects the brain development in adolescents.

The Food and Drug Administration (FDA) has authorized only Epidiolex, a pure CBD drug, to treat children suffering from Lennox-Gastaut and Dravet syndrome only. It is by far the only CBD drug approved and covered by the authority.

The CBD Medical Programs for Texans

The Texas Compassionate Use Act brought many reforms to change the game of medicine with CBD. It is also the reason behind the approval of CBD with low THC content for treating minors. Furthermore, it also received a plethora of criticism because of its association with the cannabis plant. The Act was also under scrutiny for the restricted management of CBD products.

This program widened the sphere of this program to include patients with chronic aches, cancer, and Post-Traumatic Stress Disorder (PTSD).

It is gradually progressing with marijuana with respect to medical programs. There are only a few organizations that are authorized for the production and business of CBD oils in Texas. It is reiterated that CBD products must contain less than 0.5 percent of THC, whereas hemp-derived ones must have less than 0.3 percent of THC.

In addition, the people of Texas also have other barriers to receiving health cards made for CBD to treat epilepsy. It not only affects the patients but the licensed physicians too. It is important to learn that online buying of these products comes under an offense, whereas parents have many barricades to get the CBD product for their children.

CBD is still new and receiving a portion of mixed reviews. We also advise consulting a professional before consuming the CBD to avoid any possible complications.

To Sum it Up

CBD is a specific product that has been in the limelight for many years. It is not legal in many countries, but Texans can have it under legal restrictions. As a business, you must be aware of official laws regarding CBD oil in Texas. Many reforms have been made and authorities are bit by bit accepting it.

There is no doubt that CBD is making its place in the medical industry and is quite effective. Its benefits have been supported by anecdotal pieces of evidence, whereas researches are yet to be conducted. This is why we suggest our readers consult medical experts and avoid consuming them on their own.

People can farm and deal in hemp by strictly following all the rules and regulations implanted in Texas. In the booming market of CBD, you can invest in it and become a part of this fruitful adventure.

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