Is CBD Legal in Texas?


Posted on December 23rd, 2020

Is CBD legal in Texas? If you want to know whether CBD is legal in Texas, you have come to the right place. When the Farm Bill passed in 2018, most people in Texas thought they could freely enjoy the numerous benefits of CBD. In fact, the Farm Bill made CBD products legal across the United States in theory. But in practice, the situation is quite different. Each state implemented its own laws regarding the use of CBD products since then. Hence, you need to be aware of Texas’s latest regulations regarding the use of CBD so that you don’t fall into trouble when you buy CBD products. This article will answer the question – “Is CBD legal in Texas?” Read on to find out.

Is CBD Legal in Texas? - hemp field at sundown

What Is CBD?

Cannabidiol or CBD is one of the hundreds of chemical compounds found in the cannabis plant. It’s the second-most abundant cannabinoid in the plant after THC or tetrahydrocannabinol. One of the essential characteristics of cannabidiol that its non-intoxicating properties. On the other hand, THC has intoxicating properties and makes you high. Hence, CBD may work as a therapeutic compound due to its purported beneficial effects that don’t come attached to a high. CBD seems to have anti-anxiety, anti-inflammatory, analgesic, and seizure-suppressant qualities.

An important distinction you need to be clear about is that marijuana and hemp are different cannabis varieties. Marijuana is famously high in THC content, which causes its intoxicating effects. Meanwhile, the hemp variety of cannabis doesn’t produce enough THC to actually make you high. That’s why hemp-derived CBD is perfect for therapeutic use.

CBD and THC interact with the human body in a variety of ways. The compounds mimic the effects of endocannabinoids, cannabinoids your body produces on its own. These endocannabinoids fuel the endocannabinoid system in the human body.

This system plays a vital role in regulating many physiological processes. In fact, affects our mood, energy levels, immune activity, bone density, blood pressure, digestion, and a host of other functions. The system also affects how a person experiences pain, stress, hunger, and more. Certain diseases come as a result of a malfunctioning endocannabinoid system. CBD can slow or stop the progression of diseases by modulating the endocannabinoid system.

Benefits Of CBD?

The most common reported benefit of CBD is the relief from pain and anxiety. It may help improve your mood and offer a sense of calm and relaxation. Anecdotal evidence also claims the product might help manage the pain associated with arthritis. It also seems to provide numerous benefits when taken after chemotherapy. Thus, the effects of CBD on the brain’s receptors might help manage chronic pain. For people with epilepsy, researchers point to the possibility of CBD’s potential to help manage seizures.

It seemingly can reduce the number of seizures in patients suffering from the condition. Anxiety relief is also an often-cited common benefit of using CBD due to It changing the way your brain’s receptors respond to serotonin. Due to this, the product might end up helping insomniacs catch sleep by reducing anxiety and stress. So, if you are looking for an alternative treatment for some conditions, it’s natural to ask yourself, ‘Is CBD Legal in Texas?’.

How Does Texas Treat Cannabis?

The bulk of CBD comes from hemp, a variety of cannabis, because the hemp plant contains a very low amount of THC. Thus, it is not-psychoactive and will not make you feel high at all. On the other hand, marijuana’s signature psychoactive effects are due to the high THC content the plant has, which is a concern for the state authorities.

Mind you, cannabis and CBD laws are somewhat confusing in Texas. Marijuana is still illegal in the state. Possessing up to two ounces of marijuana classifies as a Class B Misdemeanor in Texas. It warrants up to $2,000 in fines and 180 days in prison. The possession of cannabis was banned entirely in Texas before 1973. Anyone possessing the substance in any quantity would face between two years and life in prison during those times.

Fortunately, the government changed the law to make the possession of cannabis a misdemeanor rather than a felony. The Texas Compassionate Use Act became law in 2015 and allowed medical patients with epilepsy to use cannabis with less than 0.5% THC. That said, Texas still has some restrictions regarding the use of CBD products you need to be mindful of.

So, Is CBD Legal in Texas?

Even after the Farm Bill in 2018. Texas failed to set its own regulations regarding the use and sale of CBD in the state. But in mid-June 2019, Texas Governor Greg Abbott signed a bill legalizing the production of hemp in the state. This bill also permits the sale of hemp-extracted CBD without a prescription from a medical practitioner as long as the product contains less than 0.3% THC. With the passing of House Bill 1325 – the Texas Department of Agriculture is now responsible for developing regulations to govern the state’s hemp cultivation program. Anyone looking to farm hemp needs to obtain a license from this department. The legislation, however, does not legalize the cultivation or use of psychoactive marijuana.

Texans are now free to shop CBD products and use them for a wide variety of health conditions like pain, anxiety, depression, and more. If you search online for it, you will find that ordering online is the easiest way to get the best CBD products in Texas. Many companies are providing high-quality full-spectrum CBD tinctures to clients in Texas. But you look for high-quality providers of CBD products in the state.

Does CBD Oil Expire?

How Does the Texas Law Enforcement Test THC Content?

While the new bill allows Texas residents to freely purchase CBD products with less than 0.3% THC, there is no practical way for law enforcement officials to test the product’s THC content. The new law defines industrial hemp as cannabis with less than 0.3% THC. In fact, any cannabis product that contains more than 0.3% THC is, according to the definition given by the law, the same as marijuana. Also, CBD sourced from marijuana is still illegal in the state because it contains more than 0.3% THC.

Texas law enforcement has no guidelines or equipment to test the THC content of a CBD product. In most cases, it is your word against the word of a law enforcement officer. For example, what you call a hemp extract, law enforcement may very well say it’s actually marijuana. On the other hand, hemp-derived CBD and marijuana products look, smell, and taste the same. There is no way to differentiate between the two products by looking, smelling, or tasting them. The only way to tell the difference is to measure the actual THC content of the product.

Avoid CBD- Related Troubles With Texas Law Enforcement

The best way to avoid falling into trouble is to buy your CBD product from a reliable supplier in Texas. In fact, the difference between a legal and illegal CBD product comes down to mere percentage points. Make sure you always rely on a trusted supplier so that you can provide proof of concentrations if challenged by law enforcement. A reliable supplier will always submit its products to third-party tests. That’s the only way to make sure the CBD product you purchase has less than 0.3% THC as permitted by Texas law.

A supplier that submits its products to third-party tests would make the information available on its website. You should avoid buying CBD products from any supplier that doesn’t share the testing results. Buying from such suppliers may put you on the wrong side of the law. Hence, always opt for a reliable supplier when purchasing CBD products in Texas.

What Type of CBD Products Are Legal in The State of Texas?

Both CBD oil and CBD tinctures are legal in Texas for medicinal use if the product contains less than 0.3% THC and sourced from industrial hemp. Manufacturers extract CBD tinctures from the hemp plant using the alcohol extraction process, while there are many different methods for extracting CBD oil. CO2 extraction, steam distillation, alcohol extraction, and hydrocarbon extraction are the most effective in this regard. Even though CBD oil and CBD tinctures are similar in nature, they differ due to the extraction method. Most of the time, CBD tinctures have a higher concentration compared to CBD oil. Hence, CBD tinctures are ideal for micro-dosing for conditions that need instant relief.

Is CBD Legal in Texas For Everyone?

Yes, CBD products are technically legal for everyone, including seniors, adults, teens, and kids. This, of course, provided they contain less than 0.3% THC and come from industrial hemp. But you need to be cautious when giving CBD products that contain THC to kids and pregnant women. THC can alter brain chemistry in adolescents and has a negative effect on brain development. On the other hand, CBD vaping is also discouraged in Texas due to an outbreak of abnormal lung disease connected to vaping e-cigarettes. Texas health authorities are seriously considering vaping-specific legislation in the near future.

Is CBD Legal in Texas? – The Takeaway

CBD products with less than 0.3% are legal in Texas. The product has to be sourced from industrial hemp, and its approval is only for medicinal use. The most important thing is to make an informed decision when buying CBD products in Texas. Rely on a reputable supplier that is transparent about the chemical concentrations of their product. It’s vital that you understand the laws of Texas and do your homework before purchasing CBD products.

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