CBD Oil in Texas [The Practical Guide]
They say that everything is bigger in Texas. This is undoubtedly the case for cannabis and hemp law confusion.
We can tell you that cannabis and THC have been illegal in the state since 1931. Texas is taking steps towards creating an MMJ program, but the process will take time to implement.
The Texas Compassionate Use Act allows very limited access to low-THC cannabis oil.
The Texas Compassionate Use Act allows very limited access to low-THC cannabis oil, so technically, the state no longer completely prohibits marijuana.
There is better news about CBD, but it is only a recent development. This article attempts to strip away legal complexities and provide you with an up-to-date assessment of CBD oil legality in Texas.
Is It Legal to Use CBD Products in Texas?
More or less. In June 2019, Governor Abbott signed House Bill 1325. It legalized the cultivation of industrial hemp with a maximum THC level of 0.3%. More pertinently, HB 1325 allowed the possession and sale of hemp-derived products without the approval of a physician. The bill was an essential means of protecting CBD sellers and consumers in Texas.
HB 1325 didn’t expressly say that CBD oil was allowed in Texas in a strictly legal sense. Instead, it relates to hemp products containing a minimal THC level. However, until the new law, Texas was one of the few states that charged people for selling or possessing CBD.
In 2019, 71-year-old Lena Bartula was arrested for possession of CBD at Dallas/Fort Worth International Airport. The unfortunate artist spent a couple of nights in jail and faced a possible 20-year prison sentence. Thankfully, she was freed without charge.
Could I Face Legal Issues for Using CBD Oil in Texas?
For the most part, no. HB 1325 clearly states that Texans can purchase products derived from hemp with a maximum THC of 0.3%. One would hope this makes it easy to buy CBD across the state. Unfortunately, this isn’t necessarily the case. Most Texan counties have no intention of prosecuting possession of CBD oil, though there are exceptions.
One of the most notable is Tarrant County, which says it IS prosecuting CBD oil cases if the substance contains a detectable level of THC. However, the backlog on testing means the county had to drop hundreds of marijuana possession cases. Whether Tarrant County will continue on its quest is unclear.
Realistically though, no Texan county can prosecute someone for possessing hemp-derived CBD oil if it contains less than 0.3% THC.
However, having an up-to-date certificate of analysis (COA) can save you from trouble with the police. In Texas, they can technically arrest you for possession of cannabis while your product is tested for THC content. Given the delays in testing, you could theoretically spend some time in a jail cell. In reality, this is incredibly unlikely. Even so, some Texans may want the security of a COA in case they are stopped and searched.
Where Can I Buy CBD Oil in Texas?
There are plenty of physical stores that sell CBD, and many reputable online CBD brands ship their products directly to the doors of Texan customers. Nothing in Texas law prevents shipping CBD oil to the Lone Star State as long as these products have a maximum of 0.3% THC and come from hemp. We outline 10 of the best CBD brands at the end of this guide.
Here are five stores with stellar reputations that sell CBD oil in Texas, for the record.
Name of Store
3001 Knox St Suite 104, Dallas, TX 75205, United States
CBD American Shaman of Houston Heights
1241 W 11th St, Houston, TX 77008, United States
1345 Industrial St ste b, New Braunfels, TX 78130, United States
Phoenix Vapor Shop
911 W Anderson Ln #112, Austin, TX 78759, United States
VaporFi Houston CBD & Vape
8350 Westheimer Rd E, Houston, TX 77063, United States
What Are Texas’ Marijuana Laws?
In 2015, a Tea Party-backed conservative, David Simpson, surprised many by introducing a bill (HB 2165) to legalize cannabis in Texas fully. He made a religious case for his bill by saying: “I don’t believe that when God made marijuana, he made a mistake the government needs to fix.” Alas, HB 2165 didn’t receive enough support to make it out of the House.
In the same year, Governor Greg Abbott signed Senate Bill 339, also called the Texas Compassionate Use Act. It is so limited that it is not classified as a real MMJ program. It only permits low THC cannabis for individuals with intractable epilepsy and a handful of other conditions. The program has expanded to include other conditions such as:
- Multiple sclerosis (MS)
- Amyotrophic lateral sclerosis (ALS)
- Alzheimer’s disease
- Parkinson’s disease
- Huntington’s disease
As per the Texas state legislature, “low-THC cannabis” is defined as:
“…any part of [the Cannabis sativa L. plant] or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:
- Not more than 0.5 percent by weight of tetrahydrocannabinol (THC); and
- Not less than 10 percent by weight of cannabidiol (CBD).”
SB 339 effectively only allowed for CBD oil usage. The 2018 Farm Bill allows the cultivation of industrial hemp with a maximum of 0.3% THC. MMJ patients in Texas could only use products with 0.5% THC. The difference was hardly worth the extra effort.
A Minor Improvement
There has been a recent change to the MMJ law in Texas. House Bill 1535 came into effect in September 2021 and expanded the Compassionate Use Program. The maximum THC limit is now 1%, and individuals with any form of cancer or PTSD are eligible. While legislators in the House agreed to increase the THC limit to 5%, the Senate reduced it to 1%.
Therefore, it is still a case where people seeking MMJ in Texas are unlikely to proceed when they can get CBD oil relatively easily.
Tell the good from the bad…
In Texas, you must consult a doctor to use cannabis oil with up to 1% THC. If the doctor provides approval, you need to see a second physician. They must agree with the first one before you are added to the Compassionate Use Registry in Texas.
Also, patients must have tried at least two other medications that didn’t provide relief before applying for low-THC cannabis.
Thanks to HB 1325, getting CBD in Texas is pretty easy these days. There is no need to see a physician if you want CBD oil with 0.3% THC or less.
Marijuana Penalties in Texas
Unless you become a registered patient under the Texas Compassionate Act, you cannot consume CBD from marijuana. The possession of any amount is a misdemeanor and could result in a 180-day jail sentence. Indeed, the possession of over four ounces is a felony.
Growing up to 7 grams is a misdemeanor with a penalty of up to 180 days if cultivated for no remuneration. Otherwise, the crime could see you spend up to a year in prison. Growing more than this amount is a felony.
If charged with a cannabis offense, it is based on a substance’s entire weight, including adulterants and diluents.
If charged with a cannabis offense in Texas, it is based on a substance’s entire weight, including adulterants and diluents. Therefore, if you have a batch of marijuana brownies that weighs over five pounds, you could get charged with a first-degree felony and spend up to 10 years in prison. Also, if you share them with your friends, you could get an additional sentence for distributing an illegal drug!
Certain counties and municipalities have decriminalized cannabis, however. Check your local laws for more information.
Confusion Still Reigns
For years, residents of Texas were confused over whether CBD oil was legal in the state. The Farm Bill legalized hemp growing but not cannabinoids such as CBD.
In June 2019, Governor Abbott alleviated the confusion by signing HB 1325. At the time, Abbott said the bill didn’t mean cannabis would soon become legal. However, it may have unintentionally decriminalized the plant. Law enforcement has no reliable means of distinguishing between marijuana and hemp.
The bill ensures that testing is necessary to guarantee legal CBD oil. However, the requisite equipment is costly, and state labs have a huge backlog. Police officers don’t have the training to differentiate between hemp and weed. Therefore, there are many cases of wrongful arrests.
On the plus side, the state has also dropped or delayed hundreds of marijuana possession-related criminal offenses.
Final Thoughts on CBD Oil in Texas
Texas remains a state that has not acknowledged the possible therapeutic potential of cannabis. At present, the state only allows qualifying patients access to low-THC oil, capped at 1%. Also, only a handful of dispensaries can sell the low-THC/high-CBD oil as defined by the Texas Compassionate Use Act.
To qualify, you must:
- Be a resident of Texas.
- Have a qualifying condition.
- Have not responded to a minimum of two FDA-approved medications for these conditions.
- Receive approval from two separate doctors.
Fortunately, HB 1325 now permits residents to access hemp-derived CBD products with a maximum THC content of 0.3%. As a result, there is little point in getting medical CBD oil in Texas.
Thanks to this legislation, countless Texans can now purchase CBD products. There are hundreds of stores throughout the state, but you can also order the best CBD oil online.
CBD Oil in Texas: Is It Legal & Where to Buy in 2022
If you want to buy CBD oil in Texas, the source of your product is paramount. Although CBD oils made from hemp are federally accepted, marijuana and its derivatives are strictly prohibited in this southern state.
CBD has become the latest trend in the world of health supplements. It has a wide range of documented health benefits and people use it to relieve a wide range of physical and mental problems, including pain, inflammation, anxiety, and neurological disorders to name a few.
The easiest way to get quality CBD oil in Texas is to find a reputable online retailer; online stores offer better deals on CBD products than most local suppliers in Texas.
However, before we highlight the best sources of CBD out there, let’s focus on the legal status of CBD in Texas.
Is CBD Oil Legal in Texas?
The Texas CBD laws vary depending on its source.
CBD can be extracted from hemp and marijuana; both plants share the same parent, but they definitely don’t share the same chemical profile. In fact, they’re usually worlds apart in terms of their cannabinoid ratios.
Marijuana is THC rich, which means consuming marijuana-derived CBD oil can get you high.
Hemp has only a trace amount of THC (up to 0.3%) and higher concentrations of CBD. The chemical profile of hemp makes it unable to produce any intoxicating effects.
Below we explain how the Texas law treats both plants.
Marijuana CBD Oil in Texas
Texas has one of the strictest marijuana laws in the United States. Marijuana is illegal for recreational use and severely punishable. Getting caught less than two ounces of weed can result in a $2,000 fine and up to 180 days in prison. Possession of higher amounts can get you into prison for up to 2 years and make your bank account $10,000 lighter.
Hemp CBD Oil in Texas
The US federal government legalized hemp when President Trump signed the 2018 Farm Bill. Hemp was removed from the list of controlled substances and became an agricultural crop. It is now federally legal to grow and sell hemp for commercial use, including paper, clothing, fuel, building materials, food, and health supplements such as CBD oil.
As with many federal regulations, individual states can either fully accept the new law or place their own limits on the availability and labeling of CBD. To potentially clear the gray areas, Governor Greg Abbott introduced House Bill 132. The bill legalized hemp farming and the sale of hemp-derived CBD products as long as they contain no more than 0.3% THC.
The catch with the Texas law is that the police use field tests that aren’t designed to distinguish between marijuana-derived CBD oil and hemp-derived CBD law. This means that you can still get detained for possession while your products undergo further tests in a laboratory.
Therefore, if you want to avoid troubles with the law, you should always buy CBD oil that comes with a Certificate of Analysis from an independent laboratory. It’s the only way to prove the police that your oil actually contains less than 0.3% of THC.
Speaking of which, let’s discuss the dos and don’ts of buying CBD oil in Texas.
Can Doctors Prescribe CBD Oil in Texas?
Texas legalized medical marijuana for epilepsy patients in 2015, although the program is one of the poorest in the country.
The Texas Compassionate Use Act allows patients with severe and intractable epilepsy to purchase low-THC CBD oil if a doctor decides it’s the best treatment. Then, you need to make an appointment with a second doctor that has to examine your health and agree with the first one.
Long story short, if you’re looking for any form of marijuana-derived CBD in Texas, then you’re out of luck.
Fortunately, there’s still a way to get legal CBD oil in the state.
Where to Buy CBD Oil in Texas?
Since hemp-derived CBD is federally legal, you can find it over the counter in health retail outlets, head shops, and vape stores. Your best bet to getting quality CBD without breaking the bank — and ensuring you don’t cross the Texas law — is to find a reliable online supplier.
Below we explain why the majority of CBD transactions are made online these days.
Benefits of Buying CBD Online
Shopping for CBD online is easier and more convenient than in-store.
Online stores usually offer a broader selection of products than local suppliers. You can choose between tinctures, edibles, capsules, concentrates, vapes, topicals, and even pet products. Physical stores typically have one or two types of CBD available due to limited shelf space.
It’s also easier to do your research on any company. You can read their websites, check lab reports, read user reviews, or reach out to different social media groups and forums for help from experienced customers.
Not to mention that you can do it in the comfort of your home, without the need to bounce from one store to another.
But most importantly, buying CBD online saves you money. Since there’s no middleman involved, online retailers can offer better deals on their products. You can take advantage of discounts, bulk pricing, coupon codes, and reward programs.
Full Spectrum CBD Oil 1000mg
Broad Spectrum CBD Gummies 25mg
CBD Capsules 25mg (Softgels)
For example, at Royal CBD, you can join our Royalty Program and collect special crowns that you can spend on your next orders. This way, you can save more on your favorite products or try out something new for less.
Local Retailers in Texas
Some people just need to head to a local store and touch the product or talk to customer service about their CBD needs. If you’re one of them, we’ve prepared a list of local retailers in Texas. All of these shops should be able to answer your question and point you in the right direction to help you choose the right product.
CBD Stores in Houston
- Houston CBD LLC
- American Shaman CBD
CBD Stores in Dallas
- CBD Kratom
- The Cherry Apothecary
- 710 Vapors
CBD Stores in Austin
- Restart CBD
- Phoenix Vapor Shop
- Austin Vape & Smoke
CBD Stores in San Antonio
- CBD Relief
- Texas Vape Store
- CBD Vape Smoke Shop Chevron
If you don’t see your city on the list, make sure to check for a reputable store online.
How to Find Quality Products in Texas?
CBD is a booming market but it lacks regulation when it comes to the manufacturing standards. There are many companies selling great products, but there’s an equal number of suppliers that don’t care about customers from more than just a business perspective.
If you’re new to the world of CBD, it may be difficult to choose the right product for your needs without trial and error. However, to minimize the error part, we’ve compiled a shortlist of tips for first-time consumers. If you follow them, you’ll be able to differentiate between high-quality and poor-quality products.
What You Need to Know About Buying CBD Oil in Texas:
- Organic is the way to go. Hemp plants are bioaccumulators, meaning they absorb every substance from the environment they grow in, including the good and bad ones. The best material for CBD extraction comes from organic, non-GMO plants.
- Choose CO2-extracted CBD. CO2 extraction is by far the best method to produce CBD oils. It doesn’t require additional heat or solvents, yielding pure and potent extracts. The equipment required to run CO2 extraction is also expensive, so it’s a sign that the company is committed to quality.
- Full-spectrum CBD is superior to isolate-based products. Full-spectrum means that the product was made using the entire plant. This process captures more valuable compounds, such as minor cannabinoids, terpenes, and flavonoids. These compounds help your body process CBD more efficiently due to the synergy they produce. This phenomenon is known as the “entourage effect.”
- Only purchase from companies that have their products tested by a certified lab. Third-party laboratories can tell you whether or not the CBD content of the product matches the advertised amount on the bottle. They can also detect common contaminants and unwanted additives, such as pesticides, heavy metals, or solvents. If a company doesn’t make the lab reports available on its website or upon request, it’s an instant red flag.
- Watch out for companies claiming CBD is a miracle drug. CBD is a highly versatile supplement that can improve your daily life in a natural and safe way. However, it’s not going to mend broken bones or cure cancer. Companies making such claims are companies to avoid.
At Royal CBD, we source our hemp from organic farms in Colorado. These CBD-rich strains are then extracted in our facility using pressurized CO2, which ensures consistent potency and the highest purity of our products. We cover every traditional CBD format, including full-spectrum CBD oil and softgels, THC-free gummies, and broad-spectrum topicals. The entire Royal CBD line is extensively tested in a certified laboratory for its CBD content and purity levels.
Looking for a risk-free way to try out our products? We offer a 30-day money-back guarantee program!
Key Takeaways on Buying CBD Oil in Texas
All in all, CBD laws are complicated in Texas. Although the state prohibits marijuana in almost every form — except for a very limited medical marijuana program — hemp-derived CBD is legal and you can easily find them over the counter. However, if you want to avoid trouble with the law, you need to prove that your oil contains the federally accepted amount of THC (0.3% or less).
Whether you decide to shop for CBD online or locally, remember to always do your research on any company before spending your hard-earned money. No two CBD oils are made the same, and there’s a large degree of difference when it comes to their quality.