Is CBD Oil Legal in Texas? Perhaps, But it Must Fit These Qualifications
CBD Oil, which is short for cannabidiol oil, is a cannabinoid extract that is alleged to have the health benefits of cannabis (e.g. pain relief, easing of inflammation, anxiety management and the treatment of epilepsy) without the psychoactive effects of marijuana. CBD Oil is sold as a supplement in marijuana dispensaries, nutrition stores, and even as an additive in smoothies. While the popularity of CBD Oil is growing substantially, the product remains unregulated by the U.S. Food and Drug Administration, leading to wide discrepancies in the product’s ingredients and quality. The variety of ingredients and compounding methods may have significant ramifications for consumers depending on Federal and state law and the interpretation of those laws by state law and health code enforcement agencies.
Is CBD Oil Legal Under Federal Law?
Yes, if it is produced within federal guidelines.
As of December 20, 2018, the Fed Gov has legalized hemp that has a tetrahydrocannabinol (THC) concentration of no more than 0.3% by removing it from Schedule I of the controlled substances act. States and Indian Tribes may regulate the production of Hemp by submitting a plan to the USDA. This bill also makes hemp producers eligible for the federal crop insurance program and certain USDA research grants.
With the passing of the new 2018 Farm Bill, hemp and hemp-derived products have been officially removed from the purview of the Controlled Substances Act, such that they are no longer subject to Schedule I status. Meaning that so long as CBD is extracted from hemp and completely pure (with less than 0.3% THC on a dry weight basis of THC, something the DEA doubts is possible) and grown by licensed farmers in accordance with state and federal regulations, it is legal as a hemp product.
However, in 2016 the Drug Enforcement Agency released an administrative ruling considering CBD Oil to be a Schedule One drug, comparable to heroin, peyote and LSD, operating on the theory that it is extracted from the same parts of the Cannabis sativa plant that contain THC, the active ingredient of marijuana. CBD consumers and manufacturers assert that CBD can also be extracted from the non-intoxicating parts of the Cannabis sativa plant that produce hemp, however, a recent 9th Circuit decision affirmed the DEA’s authority to classify CBD Oil as within their administrative purview. 2
For CBD Oil to be considered legal in the Federal system under the DEA’s guidelines it must “consist solely of parts of the cannabis plant excluded from the CSA definition of marijuana.” In the definition of marijuana given by the Controlled Substances Act, the “mature stalks of such plant, fiber produced from such stalks, oil or . . . any other . . derivative, mixture, or preparation of such mature stalks” are excluded from the definition. Presently the DEA considers an extraction process using only the parts of the cannabis plant that are excluded from the CSA definition of marijuana to be “not practical.” This is because the extraction process used would “diminish any trace amounts of cannabinoids that end up in the finished product.”
Is CBD Oil Illegal Under the Laws of the Various Individual States?
Yes, CBD is legal, but not in all states.
At the state level, CBD Oil is considered legal in the states where marijuana is legal for recreational use (Alaska, California, Colorado, DC, Maine, Massachusetts, Nevada, Oregon, Vermont). Twenty-nine states have made marijuana legal for medical use in various quantities and CBD is also considered legal under those state laws, irrespective of the THC content of the source of the oil. In states that have not decriminalized marijuana, CBD Oil is also likely illegal.
Is CBD Oil Legal In Texas?
NO, unless you fall within the qualifications set by the Compassionate Use Act.
If you are prescribed the use of medical CBD oil and use ‘low-THC” CBD, then the use is legal. Texas has legalized marijuana for medical use only, but only in a very narrow set of circumstances. The Compassionate Use Act of 2015 authorizes the prescription of “low-THC cannabis,” defined as having no more than 0.5% THC for patients diagnosed with intractable epilepsy and entered into the state-maintained “compassionate-use registry.” 3 The Act requires prescription by two physicians however, it is currently illegal under federal law for a physician to “prescribe” marijuana. Under a 2000 court ruling, it is legal for physicians to “recommend” marijuana to their patients but the language of the Compassionate Use Act calls for a prescription, setting up a conflict with Federal law. 4 Additionally, to qualify for the medical use of CBD, the patient must have tried two FDA-approved drugs and found them to be ineffective. There are currently three dispensaries licensed by Texas to sell qualifying products to authorized consumers.
If you do not fall within the qualifications set by the Compassionate Use Act, then possession of CDB oil containing any amount of THC is against Texas law. The State definition of marijuana closely tracks the Federal definition. The Texas Health and Safety Code defines marijuana as “the plant Cannabis sativa . . . and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” The Code excludes “the mature stalks of the plant or fiber produced from the stalks [and] a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil.” Texas does not currently have legislation allowing for the cultivation of hemp, though industrial hemp derived from the mature stalks of the Cannabis sativa plant may be sold and consumed.
What is the Penalty for Possession of CBD Oil in Texas?
In Texas, if you possess CBD oil with any trace of THC, you could be charged with a Felony for Possession of a Controlled Substance in Penalty Group 2, which (depending on the weight in grams) can carry a range of punishment from 180 days in a state jail facility up to 20+ years in prison and a fine not to exceed $10,000. Several of our clients have been arrested for possessing CBD oil after officers performed a field test and discovered that yielded a positive result for THC.
If the CBD oil does not contain any THC, is it currently a Schedule V substance not in any penalty group. Possession of CBD with no THC can be charged as a Class B Misdemeanor with a punishment range of 0 – 180 days in jail and a fine up to $2,000.
What To Look For In CBD Oil In Texas
CBD Oil made from the mature stalks of the Cannabis sativa plant are likely in conformity with both Federal and Texas State law. Consumers seeking to purchase CBD Oil in Texas should look for a product advertised as being the product of “industrial hemp” or “mature hemp.” Products advertised as containing “THC” or “CBD Oil” should be avoided because of potential conflict with State and Federal laws.
Where to Buy CBD Oil in Texas? Hemp Oil Laws & Legality (2022)
If you’re looking to buy CBD oil in Texas, you must pay attention to the source of your product. Although hemp-derived CBD oils are federally accepted, marijuana and its products are banned in the southern state and you can face hefty fines on top of jail time for carrying even small amounts of marijuana with you.
CBD has become one of the most wanted products in the world of wellness. It has an array of documented health benefits and people take it to alleviate a wide range of physical and mental health problems, such as anxiety, inflammation, pain, and neurological issues to name a few.
The easiest way to purchase high-quality CBD oil in Texas is through a reputable online store. Online retailers can offer better deals on CBD products than most local stores in Texas.
Where to Buy CBD Oil in Texas?
Hemp-derived CBD oil is federally legal and widely available over the counter in head shops, vape stores, and pharmacies. Your best chance of getting quality CBD oil at reasonable prices and making sure you act in compliance with Texas law is to find a reliable online store.
Below we explain why shopping for CBD online is so popular these days.
Benefits of Buying CBD Online
Buying CBD online is easier and more convenient than making local errands.
Online suppliers usually have a wider selection of products than local stores. You can choose from CBD oil, edibles, capsules, vapes, topicals, concentrates, and even products for pets. In-store vendors typically offer one or two types of CBD due to limited storage space.
It’s also easier to do a background check on any company. You can research their websites, read lab reports, check for user reviews, and reach out to experienced users on social media or forums for advice.
Not to mention that you can shop for CBD in the coziness of your home, without the need to drive around the city to find the right product.
The best part about shopping for CBD online is that it saves you money. Since online stores can avoid certain operational costs, they can offer better deals on their products. You can take advantage of bulk pricing, discounts, reward programs, and coupon codes.
Royal CBD – Full Spectrum
- Made from locally grown organic hemp
- Extracted with supercritical CO2
- Infused with full-spectrum CBD
- Available in 4 strengths and flavors
- Up to 2500 mg of CBD per bottle
- 3rd-party tested for potency and purity
- Great Berry flavor
- Sourced from US-grown organic hemp
- Contains full-spectrum CBD
- Up to 80 mg CBD/mL
- Great potency range for beginners
- Third-party tested for potency and purity
- Great kiwi-honey flavor
Local Retailers in Texas
If you’re one of those people who need to head to a local store and touch the product or talk to the staff about your goals with CBD, we’ve compiled a list of local retailers in Texas. All of these places should be able to help you find the right product and answer your questions about using CBD.
CBD Stores in Dallas
- CBD Kratom
- 710 Vapors
- The Cherry Apothecary
CBD Stores in Houston
- American Shaman CBD
- Houston CBD LLC
CBD Stores in Austin
- Phoenix Vapor Shop
- Restart CBD
- Austin Vape & Smoke
CBD Stores in San Antonio
- CBD Relief
- CBD Vape Smoke Shop Chevron
- CBD Relief
Let’s make sure you understand its legal status.
Is CBD Oil Legal in Texas?
The legal status of CBD in Texas varies depending on its source.
CBD can be extracted from hemp and marijuana plants, both of which share the same parent. What they do not share, however, is the chemical profile. In fact, hemp and marijuana have completely different cannabinoid ratios.
Marijuana is naturally high in THC, meaning that consuming marijuana-derived CBD oil can make you feel high.
Hemp contains only trace amounts of THC (up to 0.3%) and higher ratios of CBD. The chemical makeup of hemp makes it unable to get the user intoxicated.
How to Find Quality Products in Texas?
CBD is a rapidly growing market but it lacks regulation in terms of manufacturing standards and labeling. There are many brands selling high-quality products, but there’s no shortage of suppliers that don’t care much about what’s inside their products.
If you’re just getting started with CBD, it may be challenging to find the right product without trying at least a few different products. However, to minimize the error margin, we’ve prepared a cheat sheet for first-time buyers. If you follow them, you’ll save both time and money.
Looking for a risk-free way to try out CBD oil? Choose companies that offer some form of a money-back guarantee.
What You Need to Know About Buying CBD Oil in Texas
- Organic hemp is the best source of CBD oil. Hemp plants efficiently absorb every substance from the soil and air they grow in, including the good and bad ones. The best material for producing CBD oil comes from organic, non-GMO hemp.
- Choose CO2-extracted products. CO2 is by far the best method to produce CBD extracts. It doesn’t require additional heat or solvents, so it can provide pure and potent extracts. The equipment required to perform CO2 extraction isn’t cheap too, so it’s a sign that the company wants to invest in quality.
- Full-spectrum CBD is superior to CBD isolate. Full-spectrum refers to products made with the entire plant. This process retains more valuable compounds in the end product, such as minor cannabinoids, terpenes, and flavonoids. These compounds amplify each other’s therapeutic effects, increasing the efficacy of CBD oil. This synergy is known as the “entourage effect.”
- Only purchase from brands that provide lab-testing reports. Third-party laboratories will analyze the CBD content of the product to check if it matches the advertised concentration on the bottle. They will also look for common contaminants and unwanted additives, such as solvents, heavy metals, or pesticides. If a company doesn’t make the lab reports available on its website or on request, it’s a company to avoid.
- Watch out for companies making outrageous claims about CBD. CBD is a wonderful supplement that can significantly improve your quality of life. However, it’s not going to cure any ailment overnight, so if you see a company making such claims, turn away and look for CBD oil elsewhere.
Below we explain how both plants are treated by Texas law.
Hemp CBD Oil in Texas
The US federal government removed hemp from the list of controlled substances in 2018 under the amended Farm Bill. Hemp is now legal to grow in all 50 states for purposes like clothing, paper, fuel, building materials, food, and health supplements such as CBD extracts.
As with many federal laws, individual states can decide whether they fully accept it or place their own regulations on the availability and labeling of CBD. The Texas government cleared the gray areas when Governor Greg Abbott introduced House Bill 132. The initiative legalized hemp farming and the sale of hemp-derived CBD products provided that they contain 0.3% THC or less.
However, there’s a catch with the Texas CBD law. Namely, the police use field tests that aren’t made to distinguish between marijuana-derived and hemp-derived CBD oil. This means that you can still get arrested for possession while your product is checked in a laboratory for THC content.
To avoid such complications, you should always purchase CBD oil that has a Certificate of Analysis from a third-party laboratory. It’s the only way to prove to the police that your product actually contains the federally accepted amount of THC.
Marijuana CBD Oil in Texas
Texas has one of the most severe marijuana laws in the United States. Marijuana remains illegal for recreational use, with heavy fines for simple possession. Getting busted with less than two ounces of marijuana can get you a $2,000 fine and up to 180 days in prison. Any amounts higher than that are punishable with 2-year jail time and can make you poorer by $10,000.
Can Doctors Prescribe CBD Oil in Texas?
Texas has a limited medical marijuana program for epilepsy patients. The program was accepted in 2015 under the Texas Compassionate Act. The bill allowed patients with severe and intractable epilepsy to buy low-THC CBD oil if a doctor prescribes it as a treatment. Then, a second doctor must examine your health and agree with the first one to prescribe this kind of medication.
As you can see, there aren’t many options when it comes to marijuana-derived CBD in Texas.
Fortunately, you can still get legal CBD oil in the state.
Summary: What’s the Best Place to Buy CBD Oil in Texas?
As you can see, the Texas CBD laws are complicated. Although the state doesn’t permit marijuana for recreational use — and has a very limited medical marijuana program — hemp-derived CBD is legal and you can easily find such products over the counter and online. Always make sure that your product has a Certificate of Analysis from a third-party laboratory to confirm its CBD content in case you got caught by the police.
Whether you decide to drive around your city in search of CBD oil or place an order with an online supplier, remember to always double-check the credibility of any company before you decide to hand your money out. There’s a large degree of difference between brands when it comes to quality, so make sure that your product matches the quality criteria mentioned in this article.
Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.
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Texas Medical Marijuana
Eligible Texans have access to medical marijuana through the State’s compassionate use program (CUP) administered by the Texas Department of Public Safety (DPS). Texans with certain medical conditions may qualify. Learn more about its use and who can get a prescription.
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Texas’s Compassionate Use Program (CUP) allows certain physicians to prescribe low tetrahydrocannabinols (THC) cannabis for medical purposes.
Low-THC comes from the plant Cannabis Sativa L. All parts of the plant and any resulting compounds, salts, resins, oils and derivatives that contain no more than 0.5 % by weight of THC are considered Low-THC. Medical use of these substances is limited to swallowing, not smoking, the prescribed dose of low-THC.
By law, CUP is limited to Texas patients with:
- Seizure disorders
- Multiple sclerosis
- Amyotrophic lateral sclerosis
- Terminal cancer
Medical marijuana prescriptions
Patients may get Low-THC cannabis prescribed if:
- The patient is a permanent resident of Texas
- The patient has one of the medical conditions listed above
- A CUP registered physician prescribes
- That qualified physician decides the benefit outweighs the risk
There is no age limit for prescriptions. Patients under 18 may need a legal guardian.
Getting a prescription:
- The physician will enter a prescription in the Compassionate Use Registry of Texas (CURT)
- After, the patient or legal guardian can go to any licensed dispensary to get the prescription
- The patient or legal guardian will need to provide ID and patient’s, last name, date of birth, and last five digits of their Social Security Number
CURT is an online system provided by DPS and used by Qualified physicians to input and manage low-THC prescriptions.
Dispensaries use the CURT system to search for the patient’s information before filling any related prescriptions.
A physician’s qualifications to prescribe low-THC is outlined in Section A169.002 of Senate Bill 339 (PDF).