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 hemp icons like Willie Nelson, Texas has never been known as a cannabis-friendly place. Is CBD oil legal in Texas? We are about to find out. Scroll to the bottom of this post for our most recent updates!
CBD is Legal (even in Texas)
In 2019, the Texas legislature in Austin passed a bill to finally legalize CBD in Texas. That’s a great step in the right direction. In May 2020, the Texas Department of State Health Services issued proposed regulations to implement rules for selling CBD products in Texas.
At first, those rules seemed confusing. Texas wants every CBD product to make their labels comply to a unique standard not seen in other states. For instance, Texas has requested that every label contain a QR code to easily access lab reports. We think this is a great idea, as all Cornbread Hemp products already contain QR codes that link to our lab reports.
However, Texas also wants every CBD label to contain a company’s website, email address, and phone number. That’s a problem for two reasons. First, no other state requires this information and it would be a costly burden to reprint our labels specifically for Texas. And secondly, the QR code renders this information redundant. It’s an expensive and unnecessary regulation.
Out-of-state CBD Rules for Texas
Additionally, the rules for selling CBD products in Texas made from brands outside of Texas are confusing and possibly problematic. The proposed regulations say that CBD products not made in Texas must fall into one of three categories: 1) from a state with a hemp program approved by the USDA; 2) “a plan established under 7 U.S.C. §1639q if that plan applies to the state or jurisdiction;” or 3) from a foreign country.
What’s the problem with this proposed out-of-state regulation? Fourteen states opted out of getting USDA approval for their hemp programs. Among those 14 states are the three top hemp producing states: Kentucky, Colorado, and Oregon. These states opted out of the USDA approval process because the rules issued by the USDA are too strict for proper cannabinoid production. Therefore these 14 states, including the best hemp-growing states, do not seem to qualify under Texas’s first proposed option.
But what does option #2 mean? “A plan established under 7 U.S.C. §1639q if that plan applies to the state or jurisdiction.” This could mean that states like Kentucky, Colorado, and Oregon qualify. But because it’s written so vaguely, it’s hard to know. This option could afford no protection at all to these states.
Cornbread Hemp submitted these concerns to the Texas Department of State Health Services before the deadline on June 8, 2020. We hope Texas regulators withdraw their label requirements for email and phone numbers, while keeping the requirement for QR codes and website URL’s.
And we hope Texas clarifies its rules for out-of-state CBD vendors to ensure that Kentucky CBD products can be legally sold in Texas.
What Does CBD Oil Do?
CBD, or cannabidiol, is a phytocannabinoid found naturally in the cannabis plant along with THC, its better known fellow cannabinoid. CBD works by balancing the body’s endocannabinoid system, or ECS. The ECS communicates with all the systems of the body through the nervous system. Scientists discovered the ECS only recently, and they need to conduct more research to learn more.
CBD’s effect on the ECS is different than THC, which affects receptors in the brain and produces a euphoric effect. Full spectrum CBD oil contains not more than 0.3% THC. This is not enough to get you high but just enough to help the CBD work more efficiently. More importantly, full spectrum CBD oil is legal in Texas.
Is Cannabis Legal in Texas?
Texas has never been known as a cannabis friendly state. Many of its tough laws on marijuana remain on the books. Even though Texas is surrounded by states with legal medical marijuana program, the Lone Star State seems to be in no hurry to legalize marijuana.
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% of Texans claim they want some form of marijuana legalization.
Where to Buy CBD Oil in Texas
This question is difficult to answer as of June 2020 because retail sales of CBD products are not yet regulated in Texas. For now, a Texan’s best bet is to log onto CornbreadHemp.com and get your certified organic CBD products shipped straight from Kentucky.
Kentucky Hemp 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.
Kentucky also grows the most sustainable hemp in America. This is because of the water and soil in Kentucky’s Bluegrass region, where a history of hemp growing excellence stretches back 250 years.
That’s why Texans love Kentucky-grown CBD products from Cornbread Hemp, now that CBD is legal in Texas.
UPDATE: June 10, 2020
Cornbread Hemp co-founder Jim Higdon was featured on a Ministry of Hemp podcast discussing Texas’s proposed regulations, and whether they might exclude CBD products from states like Kentucky. Also, the proposed Texas regulations will restrict hemp flower sales in Texas.
The Texas chapter of the Hemp Industry Association voiced its concerns about these proposed regulations with the Texas Department of State Health Services, along with the comments submitted by Cornbread Hemp.