Is CBD legal in Texas? Experts respond

Texas CBD Legality - Expert Response

Before you ask the question “Is CBD legal in Texas?” you should get familiar with the 2018 Agricultural Improvement Act, also known as the Farm BillThis bill was the legislation that permitted the cultivation and use of cannabis and its derived products, hemp and Marijuana in controlled amounts. However, there seems to be some form of confusion surrounding its legality in some states.

Americans have found themselves asking if these products are permitted in their states. While states like South Dakota, Nebraska and Wyoming are still in full opposition to the use of the products, some states have mixed laws. Some states permits only the use of CBD products for medical purposes only. Others allow the use of hemp and Marijuana for both medical and recreational uses. This article will enlighten Americans on the legal status of CBD-based products in the state of Texas in 2020.

All you need to know about CBD

  1. CBD, a short form for Cannabidiol is a form of a chemical found in Marijuana and Hemp. This chemical is part of the class of chemicals referred to as Cannabinoids. This group of chemicals in their large number constitute the major chemical composition of the cannabis plant. While Cannabidiol can be found in hemp in large quantities, Marijuana contains Tetrahydrocannabinol (THC). THC is the ingredient responsible for making people feel high. There is a very little amount of THC in hemp too.
  2. The research into the medical use of CBD has progressed over the years. The American Food and Drug Administration (FDA) in 2018 approved the use of Epidolex, a CBD-based drug in the treatment of seizures in epileptic patients. There are also indications that CBD can reduce the symptoms in people suffering from Multiple Sclerosis (MS). There are also ongoing studies into its use to treat some brain issues like Crohn disease and Bipolar Disorder.

The legality of CBD in Texas

Experts on the legality of the CBD

Until recently, The Lone Star State remained one of the most stringent states regarding cannabis. Any cannabis, including hemp and CBD, even isolate CBD, were banned here. Exceptions were made only for residents of Texas who had severe illnesses, such as epilepsy, autism, and incurable cancer. These are the people who can legally acquire medical cannabis in state-owned dispensaries.

But these exceptions are severely limited – the concentration of THC in medical cannabis should not exceed 0.5% (which is almost equal to the THC level in hemp-CBD), and the limit on the number of specialized dispensaries is three per state.

At the same time, local supervisory authorities were mostly extremely negative about the appearance of CBD and other products on their territory and raided CBD stores.

Despite the fact that in some cities, including the five most populous districts – Harris, Dallas, Travis, Tarrant and Beksar, people were not prosecuted for having a small amount of Marijuana (this decriminalization is valid now), Texans never had the full understanding on the issue of possession of CBD.

However, the situation changed significantly in 2019, when the state adopted House Bill 1325, legalizing not only hemp cultivation but also the production and sale of hemp and CBD with up to 0.3% THC for everyone.

The weed industry in Texas after the adoption of this law began to develop. Now you can safely find CBD in many cities. However, the new law, along with legalization, provides for rather strict regulation of hemp products. You can learn more about the current and future CBD in Texas from our review.

According to federal laws, only hemp and hemp products (CBD) are legal, that is, only those that contain up to 0.3% THC. Any plant or product in excess of this concentration level is considered Marijuana and is a prohibited substance, even for medical use. Therefore, if you intend to visit or cross federal territories with CBD (for example, federal parks), we recommend that you make sure that your product contains no more than 0.3% THC (even if it comes to medical CBD).

Basic laws and regulations in force

The following are the laws that are in place in the state of Texas. These laws guide residents of Texas and American in general about the legality of CBD in the state.

  1. Hemp and hemp CBD is regulated by HB 1325. This is the law relating to the regulation of hemp cultivation, production and sale of hemp products, including CBD. The adoption of this act eliminated the uncertainty in the status of hemp and hemp CBD in Texas and finally legalized them. See also Agriculture Code, title 5, subtitle F “Hemp”.
  2. Medical CBD: This is governed by the Health and Safety Code Chapter 487 (Texas Compassionate-Use Act) and Occupations Code Chapter 169.

Compositional restrictions

The maximum permissible concentrations and amount of the substance in Texas are shown in the table below:

   Hemp-products (CBD)Medical CBD
THC concentrationup to 0.3%High THC content allowed – up to 0.5%
Product LimitNo limitNot officially established, defined in prescription of low-THC cannabis, issued by a physician

What forms and types of cannabis products are available?

Officially, only hemp for smoking is banned in Texas. More precisely, the production and sale of products for smoking are prohibited; the smoking of hemp itself is not restricted.

Therefore, finding dry hemp leaves or flowers in brick-and-mortar stores in Texas will not be easy, but they can be ordered online at online stores in other states. The law allows you to sell in Texas products from other states that have approved hemp programs.

A similar restriction is applied to CBD derived from Marijuana, only hemp and hemp products for smoking are prohibited.

Hemp products (CBD)Medical CBD
Hemp for medicinal purposesCBD for medical purposes

Regulators

Listed below are the supervisory authorities responsible for the enforcement and regulation of these laws. It is their duties to control the cultivation, distribution and use of CBD in the state of Texas.

  1. Hemp and hemp CBD: Cannabis cultivation, as well as the production and sale of non-consumable hemp products (i.e. cloth, cordage, fibre, fuel, paint, paper, plastic etc.), is regulated and controlled by the Texas Department of Agriculture (TDA). But the production and sale of consumable hemp products, including CBD oils, will be regulated by the Texas Department of State Health Services (DSHS).
  2. Medical CBD: the use of CBD and products derived from it for treating ailments and other medical uses in supervised by the Texas Department of Public Safety (DPS)

Where can I get it? 

Special shop

While CBD and hemp products can be sold in any stores, bars, restaurants and other retail outlets, that is literally everywhere. Although we would advise you to pay attention to specialized CBD stores, in which you are much more likely to find a good selection of products and get adequate advice on hemp and CBD. However, soon everything will change.

Medical CBD

CBD and cannabidiol products with a higher THC content can be purchased at one of three licensed dispensaries:

Fluent (formerly Cansortium Texas): wwww.texas.getfluent.com Contact – Adam Sharon, Communications Director (adam@knoxmedical.com)

Compassionate Cultivation: www.exasoriginal.com Contact – Morris Denton (morrisdenton@compassionatecultivationtx.com)

Surterra (www.surterra.com/texas) Contact – Marcus Ruark (khawkes@surterra.com)

Requirements for buyers and consumers

Official requirements for the buyer and consumers are not specified, but most CBD stores have a policy of refusing to sell products to people below the legally permissible age, 18 (in some places they even require the buyer to be over 21).

In the case of medical CBD, however, only residents of Texas suffering from any of these medical conditions can purchase and use medical CBD with a higher THC level:

There are no registration requirement for patients, as long as the physician treating the patient can confirm the medical condition and issues a prescription for medical CBD to the patient.

Hemp products (CBD)Medical CBD
No official requirement, except age restrictionsOnly patients with stated health problems have the chance to use medicinal CBD

What awaits us in the future? 

By law, DSHS is required to develop and approve the rules for the production and trade of consumable hemp products. The draft rules have already been developed by DSHS, but they will only be approved after the USDA approves the hemp plan of Texas (which is expected to happen very soon, in early 2020).

Once these DSHS rules are approved, only licensed sellers can trade CBD-oils and other consumable hemp products. In addition, hemp CBD can be ordered online – you have hundreds of online stores at your disposal.

So is the CBD legal or not in Texas?

The recipe for the use of CBD

To answer the question concerning the legality of CBD in Texas, we need to examine the laws and observe the dividing line between the legal and illegal forms of CBD. Primarily, the use of CBD and its products for recreational use is banned in the State of Texas. Americans cannot smoke or use CBD without medical permission or prescription in the state.

Furthermore, CBD derived from Marijuana is only legal as long as they are used for medicinal purposes within the state. However, while the cultivation and sale of hemp and hemp products for smoking are prohibited, it is not a crime to smoke hemp in Texas.

The table below shows the distinct classification of legal and illegal CBD in Texas.

 Hemp Products (CBD)Marijuana Products (CBD)
LegalHemp for medicinal purposesCBD for medical purposes
IllegalHemp for recreational purposesCBD for recreational purposes

Licensing requirements for the CBD

According to the Texas Department of Agriculture, Americans intending to cultivate and sell the cannabis plant in Texas must be licensed. In fact, there are three different permits that you must obtain before you can be legally permitted to cultivate cannabis. These permits include the License, Lot Permit and Facility permit. The License permits you to grow the cannabis plant in Texas. The Lot permit allows you to cultivate a specified type of the cannabis plant on a lot. And the facility permit clears the plot of land you intend to use for the cultivation.

These applications for these licenses have been modernized and can be completed online as from March 16, 2020. It takes about six months to complete and obtain these licenses, and they must be renewed every year.

Where can I buy legitimate products containing CBD?

It is necessary to know where Americans can get CBD-based products in the state. While ordinary hemp products can be obtained in bars, retail outlets and stores, Americans can get medicinal CBD product in only three dispensaries with the state of Texas, which was mentioned earlier in the article. Buyers should be careful that the composition of the products is in tandem with the law.

What is the responsibility for owning CBD oil?

While you may not be arrested and prosecuted for having medicinal CBD oil in Texas, since it is legal, the same does not hold for Marijuana. If found with less than 4 ounces of Marijuana within the state of Texas, you can be slammed with a misdemeanor. You may be liable to about 4,000 dollars and 12 months of jail time. If found with more than 4 ounces, the punishment increases to between 6 months and 99 years imprisonment and a fine within the range of 10,000 to 50,000 dollars. This punishment depends on the amount found on you.

Final words

In summary, the question regarding the legality of CBD in Texas can be answered simply. CBD for medicinal use in allowed while its use for recreational use is forbidden.

Status-CBD experts advise that users confirm the composition of the CBD products they intend to buy. This can be done by buying from stores that present this information on their websites. This will keep them on a safer side of the law.

Useful resources and contacts

Warning: this material is for reference only. It is not advertising and is not legal advice. To clarify the information, we recommend that you contact the authorized bodies or organizations of your state.