Is CBD Legal in Texas? Texas CBD Laws

Let’s talk about a common question…”Is CBD legal in Texas?” What does the Texas law say about cannabidiol, or more commonly known as CBD? CBD oil is legal in Texas so long as it conforms to all requisite state and federal law standards. Also, the state has a large number of medical dispensaries, particularly concentrated in locations around major city centers. As a side note, medical marijuana use became legal in Texas in 2015 with the passing of the Compassionate Use Program.

In this article, we’ll cover CBD, Texas law, and other topics so you can learn more about Texas CBD laws, licensing requirements in the state (if applicable) and where to buy CBD in Texas.

TL;DR – CBD is completely legal in Texas. Several big brand retail outlets even carry CBD products in their stores across the state. Just remember, in order to be legal, the items must contain less than 0.3% of THC, which is in accordance with federal law.

What is CBD?

Full article: What is CBD?

CBD, also known as cannabidiol, is a non psychoactive compound derived from cannabis. CBD, and several other cannabinoids, are contained with in cannabis. When we speak about cannabis, we are referring to industrial hemp. Both industrial hemp and marijuana make up the cannabis plant species. However, all cannabis plants contain cannabinoids. All of these cannabinoids used to be banned under federal law. Now days, THC remains the only cannabinoid which is heavily controlled. We’ll get more into this later on.

Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative,  pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.

Related: CBD Gummy Benefits For The Body

CBD is a Cannabis Derivative

Cannabidiol is a cannabis derivative. That doesn’t mean that CBD is the same thing as marijuana, though. CBD simply comes from a cannabis plant. This is an important distinction to keep in mind. CBD is a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. High amounts of THC will get you high, though.

As long as your CBD is industrial hemp based, or comes from the industrial hemp plant, it will not contain an amount of THC over 0.3%. Federal regulations on CBD currently require all CBD products to come from the industrial hemp in order to remain legal by federal law.

A THC amount of 0.3% isn’t enough to get anyone high. In fact, this amount is so low that you could drink an entire container of CBD oil (not recommended), and still not get high.

Supplementing with CBD is a great way to treat patients in a more natural way than other medications that have harsh side-effects.

CBD research exploded over the last few years, and significant investments are continuing to be made in research and development. The FDA is still figuring out their approval process for CBD, so until this is complete, CBD will not be able to achieve the status of a dietary supplement.

Discover: Tinctures With 1,000 mg of CBD

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has their own laws. While most states have followed the Farm Bill of 2018 footsteps, a handful of states still have strange laws revolving around CBD.

Thankfully, CBD is legal in Texas. Texas law doesn’t include strange interpretations of CBD use. Some of the more conservative states identify CBD with marijuana, even though it is completely non-psychoactive. For this reason, they have a set of strict laws.

As time goes on, though, states are continuing to soften these CBD laws.

How Did the Farm Bill Help Hemp?

The 2018 Farm Bill brought a revolution for  industrial hemp and hemp derived products. The cultivation of hemp became federally legal for recreational purposes when this was passed. This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. Now state organizations, like the Texas Department of Agriculture, can have legal hemp programs. Other states have their own equivalent to the Texas Department of Agriculture that is responsible for their own state hemp laws. Many states choose to simply follow the Farm Bill guidelines and regulations.

As of the writing of this article, cannabis (as a whole) is set to be voted on for removal from this same list. CBD is now legal in Texas because they basically followed suit and created a similar state law, as mentioned above. The Texas hemp industry is now booming, which is somewhat surprising for such a historically conservative state.

The United States FDA and CBD

The Food and Drug Administration has the authority of regulating CBD product labeling, monitoring therapeutic claims for CBD, and the usage of CBD for recreational and dietary purposes. FDA, currently, has not allowed the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages.

The FDA must authorize any health claims that CBD products make. No companies to date have received this designation, except for the pharmaceutical drug Epidiolex.

While the Food and Drug Administration has maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD as a dietary supplement. In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.

Let’s move on to CBD and its legal status in Texas.

Is CBD Legal in Texas?

Texas has already taken many positions on the legalization of hemp, and the institution of nicely sized CBD industry within their state. While hemp-derived CBD is completely legal in Texas, medical marijuana remains regulated and specifically for those who have a medical marijuana card.

You can read more about the Texas Compassionate Use Program here if interested.

Texas lawmakers are working to submit new regulations U.S. Department of Agriculture that remove marijuana as a controlled substance. The state will continue taking steps to implement the current regulations and licensing requirements for the growers and processors within Texas.

Licensing Requirements for CBD in Texas

CBD does not require a license for use in Texas. A medical card is mandatory for legal use of marijuana. Possession of marijuana is illegal without this card.

Texas CBD Possession Limits

Texas has decriminalized all CBD possession limits. Currently, there is no possession limit for hemp-derived CBD products in Texas.

Where to Buy CBD in Texas?

To be honest, CBD products are all over the place in Texas. Consumers can buy CBD online, or in a variety of retail storefronts, gas stations, and kiosks within the state. It’s all over the place. Keep something in mind, though.

I want to caution you, though, to be extra careful on where you purchase your CBD products. New Phase Blends is a veteran owned and operated CBD company, and we offer nothing but premium CBD products that come with a 30 day money back guarantee.

At least give us consideration before purchasing – I know you’ll be happy with your purchase.

In the summer of 2020, the FDA conducted a study on CBD products from different brands. They reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive. I would hate to see a bogus CBD company rip you off.

Confused on what to buy? Check out our CBD starter kit. This kit comes with several different forms of CBD products. You can see which type you like best. Maybe you like them all, maybe you prefer a balm, or CBD gummies. With this kit, there is no guessing. You get it all.

Summary – Is CBD Legal in Texas?

Yes, CBD is legal in Texas. Texas laws allow people to sell CBD products, because they are not considered controlled substances. The Texas Department of Agriculture has followed the federal government laws surrounding hemp. Here are some things to look for to make sure your CBD falls within the federal guidelines for use:

• Hemp-derived CBD is legal
• It must contain less than 0.3% THC
• I recommend that the CBD labels include a QR code that scans to a third-party lab result
• Marijuana-derived CBD is not legal

As with any other supplements, make sure you buy only high quality CBD oil items from reputable organizations, like New Phase Blends. Unfortunately, there are still several CBD companies attempting to sell underdosed, or even fake CBD oil. That about wraps up covering the legal status of CBD in TX. If you are looking to purchase or possess CBD in Texas, you don’t have to worry. It is 100% legal in Texas.