Is CBD Oil Legal In Texas?
Updated: August 5, 2021
Cornbread Hemp loves Texas. And last we checked, Texas loves cornbread. But what are the laws about hemp-derived CBD in Texas? Despite being the home of cannabis icons like Willie Nelson, Texas has never been known as a cannabis-friendly place. And Texan lawmakers don't seem to be in a rush to change that, even though hemp with less than 0.3 percent THC is legal at the federal level. So, is CBD oil legal in Texas? We are about to find out. Scroll to the bottom of this post for our most recent updates about the status of CBD oil in Texas!
CBD is Legal (even in Texas)
Fueled by prohibitionist campaigns in the early 20th century, cannabis plants were unfairly labeled a schedule I drug on the controlled substances list, alongside drugs like heroin. In recent decades, attitudes towards cannabis has changed. At least 35 states have legalized the medical marijuana. And at least 15 states have legalized marijuana for recreational use. But there are still many states, like Texas, where cannabis possession can come with harsh penalties.
The Agriculture Improvement Act of 2018, also called the 2018 Farm Bill, is the most important pieces of the hemp legislation puzzle. The passing of the Farm Bill by Congress legalized hemp strains that have less than 0.3 percent THC tetrahydrocannabinol concentration on a dry weight basis. THC concentration the only thing that defines federally legal hemp plants from federally illegal marijuana plants.
After the 2018 Farm Bill went into effect, cannabis sativa with trace amounts of THC content became legal to cultivate in the United States under federal law. The hemp industry was suddenly reborn, and hundreds of companies selling cannabidiol CBD oil popped up overnight.
Texas CBD Laws
In 2015, Gov. Greg Abbott signed the Texas Compassionate Use Act into law1, which allowed physicians to prescribe products with low THC levels (less than 0.5 percent THC) to qualified medical patients. This is a narrow law with very limited access, and it does not apply to federally legal hemp CBD products with THC below 0.3 percent.
HB 1535 expands the Compassionate-Use Program to patients with all forms of cancer and patients with post-traumatic stress disorder and raises the maximum level of THC from 0.5 percent to 1 percent. HB 1535 will go into effect on September 1, 2021.
Even though the federal government legalized hemp cultivation through the Farm Bill in 2018, possession of CBD oil and hemp products containing less than 0.3 percent by non-patients was still under scrutiny by Texas state law enforcement.
The laws surrounding CBD cannabis possession were in contention until 2019, when Gov. Abbott signed a bill to finally legalize hemp cultivation and possession of full spectrum CBD by anyone in the state of Texas. This new law was a great step in the right direction for Texas CBD users.
In May 2020, the Texas Department of State Health Services and the Texas Department of Agriculture issued proposed regulations for hemp plant products and to implement rules for selling hemp derived CBD products in Texas.
What Does CBD Oil Do?
CBD, or cannabidiol, is one of nearly 150 phytocannabinoids found naturally in cannabis plants along with THC, its better known fellow cannabinoid compound. CBD works by interacting with receptors in the body’s endocannabinoid system. The endocannabinoid communicates with all the systems of the body through the nervous system to help bring the body into balance. Scientists discovered this system only recently, and they need to conduct more research to learn more.
CBD’s effect on the endocannabinoid system is different than THC, which affects receptors in the brain and produces a euphoric effect. Legal full spectrum CBD hemp oil contains no more than 0.3 percent THC content. This is not enough to get you high but just enough to help the CBD product work more efficiently by activating the "entourage effect." The entourage effect encourages your endocannabinoid system to operate at it's best potential, allowing you to experience the full benefits that hemp plants have to offer. And, full spectrum CBD hemp oil is legal by Texas law!
Bottom Line: Is Cannabis Legal in Texas?
Texas law has never been known as cannabis-friendly. Many of its tough cannabis laws against marijuana possession remain on the books.
However, slow change on this issue is rolling through Texas at the local level. Law enforcement agencies in Houston, Dallas, San Antonio, Austin, and Corpus Christi have stopped arresting people with personal amounts of marijuana. And, 80 percent of Texans2 claim they want some form of legalization for marijuana and hemp in Texas.
Where to Buy CBD Oil in Texas
Even though CBD oil is legal on a federal level, buying products made from hemp derived CBD in Texas may be tricky. CBD products are widely available in Texas at the retail level. But despite Texas CBD laws, none of the CBD oil in Texas is regulated by the federal government, unless it bears the USDA organic seal.
Can You Mail CBD Oil to Texas?
Yes! Cornbread Hemp has a lot of customers in Texas. Texans understand that Kentucky does a few things better than anywhere else. Kentucky makes the best bourbon on Earth and raises the fastest racehorses. Every Texan knows that. Now, Texans are adding CBD oil to the list of things Kentucky does best because of Cornbread Hemp.
Kentucky also has the most sustainable hemp production practices in America. Hemp experts know that the water and soil of Kentucky’s Bluegrass region is the best place for cannabis, where a history of hemp farming excellence stretches back 250 years. That’s why Texans love Kentucky-grown CBD products from Cornbread Hemp, now that cannabidiol CBD is legal in Texas.
Cornbread Hemp is the first company from Kentucky to attain USDA organic certification for its CBD oils. Instead of the harsh CO2 extraction process, Cornbread Hemp use organic sugarcane ethanol to gently extract the full spectrum of cannabinoids from Kentucky-grown organic hemp flowers. This flower-only extraction process creates a smooth tasting oil when blended with organic MCT coconut oil.
We provide full transparency with third party lab test results readily available. Our organic practices and full lab analysis helps our customers be sure that they are getting a potent, and safe product.
About the Author
Jim Higdon, Co-founder
a native of Lebanon, Kentucky. He holds degrees from Centre College, Brown University, and Columbia University’s Graduate School of Journalism. Jim published Cornbread Mafia in 2012, full author bio here.
Where can you buy CBD in Texas?
Whether you live in Plano or Laredo, Galveston or El Paso, your favorite online brand delivers right to your door. Plus you can talk to the experts and view lab reports.
Is medical marijuana legal in Texas?
Yes, HB 1535 expands the Compassionate-Use Program to patients with all forms of cancer and patients with PTSD and raises the max level of THC from 0.5 percent to 1 percent. HB 1535 will go into effect on Sep 1, 2021.
Is marijuana legal in Texas?
While medical marijuana is legal in Texas for particular ailments, recreational marijuana remains not legal in the Lone Star state.
1. "Cannabis and the Law." Texas State Law Library. Accessed: 5 Aug 2021. https://guides.sll.texas.gov/cannabis/compassionate-use
2. Menchaca, Megan. "CBD, hemp, medical marijuana? Here's what you need to know about Texas' changing pot laws." The Texas Tribune. Published: 28 Jan 2020. Accessed: 5 Aug 2021. https://www.texastribune.org/2020/01/28/texas-marijuana-laws-2020-what-you-need-know/
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