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Is CBD Legal in Texas
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Is CBD Legal in Texas? CBD Laws for 2024

When the 2018 Federal Farm Bill removed CBD from its controlled substances list, several US states adjusted their state laws to accommodate CBD products. The state of Texas is one of them.

When you visit Texas today, you won’t have difficulty purchasing your needed hemp-based products. From smoke shops to gas stations, you can easily access the CBD you need here in the famous beef state.

But, buyer, beware; there are some restrictions that you need to know about. In this post, we’ll discuss the legal status of CBD in Texas to help you out.

The Texas Law Allows You to Buy CBD Products

The “Lone Star State” does allow you to purchase and consume hemp products, provided these adhere to existing federal and Texas laws. Note that when buying CBD oil and other products in Texas, the product’s source is extremely important.

Yes, CBD oils from industrial hemp are accepted on a federal level, but the Texan state prohibits substances from the marijuana plant.

Now, why is it that CBD from the hemp plant is allowed, but when sourced from cannabis, it is restricted? Well, know that the marijuana plant is rich in THC concentrations, and this cannabinoid is a known psychoactive compound. THC can make you high.

But with the hemp plant, its THC concentration is less than 0.3%, meaning it should not produce the intoxicating effects of the cannabis plant.

CBD Laws in Texas: What You Should Know

 

Close-up of a map showing texas and its major cities such as dallas, austin, and houston, as well as parts of surrounding states.

 

Regulating Hemp Products: How Texas CBD Laws Came to Be

As a response to the federal law we all know as the 2018 Farm Bill, Texas enacted its House Bill 1325. This specific Texas legislature enables the production, manufacturing, retail sale, and even the inspection of hemp-derived CBD products. These would include CBD oil along with other CBD products.

HB 1325 effectively removed “hemp” from the state’s list of known controlled substances, aligning with the provision of the Farm Bill of 2018. According to the Texas Tribune, which quotes the author of HB 1325, the House bill is a right-to-farm law enabling Texan farmers to cultivate industrial hemp plants that could bring more cash.

Testing is Paramount

Under House Bill 1325, hemp-derived CBD products must observe strict testing requirements to guarantee they are legally safe for sale and consumption. Every batch is required to undergo stringent testing to ensure that THC levels are within the allowed threshold (not more than 0.35). This is consistent with what the Federal Farm Bill mandates.

Moreover, Texas laws mandate evaluation for the presence of heavy metals, pesticides, harmful microorganisms, and residual solvents. By so doing, manufacturers are safeguarding consumer safety and product quality.

The Pivotal HB 1535

Did you know that Texas has a limited medical cannabis program? Yes, it is called the “Compassionate Use Program,” which the Texas Department of Public Safety regulates. Gov. Greg Abbott signed this, and it allows the prescription of products with less THC content (below 0.5%) for qualified medical conditions.

Subsequent changes in Texas laws, such as HB 1535, broadened access to the Compassionate Use Program for patients diagnosed with cancer and post-traumatic stress disorders. Furthermore, this specific Texas bill raised the allowed max level of THC to 1%.

CBD Becomes Legal in Texas

Governor Abbott’s decisive legal move in 2019 produced a new law to benefit the Texas hemp industry. It legalized hemp cultivation and the possession of full-spectrum CBD products, providing clarity and assurance to consumers statewide.

But it does not stop there. In May 2020, the Texas Department of State Health collaborated with the Department of Agriculture to produce proposed regulations that oversee hemp plant products. From CBD oil to CBD isolate, the regulations establish guidelines for the sale of CBD products that come from the hemp plant. The legislative move also helps Texas residents to grow industrial hemp.

However, smokable hemp is prohibited for sale and use based on the Texas Health and Safety Code. Also, a CBD product that contains more than 0.3% THC is considered illegal, and it may lead to severe consequences, including jail time.

What Products are Legally Available in Texas

CBD Oil

For a quicker rate of absorption, this kind of CBD product refers to a particular hemp extract that is usually taken sublingually or under the tongue. Customers can use the adaptable liquid CBD oil in their meals and beverages. There are many strengths and concentrations of CBD oils available.

CBD Edibles

CBD edibles are food products infused with cannabidiol. Gummies made from hemp are the most well-liked of them. One of the strengths of the aforementioned edibles is that they offer a discreet and easy way to absorb hemp-derived goods.

CBD Topicals

CBD Topicals include lotions, magnesium creams, balms, and patches that have been enhanced with the compound cannabidiol. Our hemp-based solutions, which are meant to be applied directly to the skin, offer quick and targeted relief from discomfort, inflammation, and other skin issues.

CBD Capsules

CBD pills or capsules contain extracts produced from hemp that may have medicinal benefits. The exact dosing of capsules is making them more and more popular. Customers who prefer a regular, unappealing method of experiencing the effects of hemp with less THC prefer capsules.

CBD Isolates

For those who would like to consume other hemp cannabinoids or pure cannabidiol, these products are ideal. CBD isolates are available in power or crystalline form and have no discernable THC content.

CBD for Pets

These plant-based solutions can help pets stay healthy and happy by providing comfort for various aches and pains. CBD for pets refers to pet-friendly products made from hemp that may provide relief from pain, anxiety, inflammation, or other ailments.

Who Can Buy CBD According to the Texas Department

In Texas, the legal landscape surrounding CBD products is relatively accommodating, particularly regarding age restrictions for purchasing. Unlike some states, Texas does not impose specific age limitations on buying CBD oil or other CBD products. While federal law lacks clear directives regarding age restrictions for selling hemp products, Texas law does not enforce any such limitations.

The absence of age restrictions reflects a broader perspective on CBD’s therapeutic potential, especially in addressing childhood illnesses. However, there are exceptions that aim to ensure responsible consumption and mitigate potential risks associated with certain CBD delivery methods.

Since the 2018 Farm Bill was passed, removing hemp and its derivatives from the DEA’s list of controlled substances, CBD has become lawful in Texas. Under specific terms, this legislation permitted CBD items like oils, creams, and consumables nationwide.

In Texas, House Bill 1325 introduced clearer guidelines regarding the creation, production, and commercial distribution of hemp-linked products, including CBD. Approved in June 2019, this Bill clarified that CBD goods must maintain THC levels below 0.3% to remain within legal bounds. Moreover, it charged the Texas Department of Agriculture with collaborating with the Department of State and Health Services to refine hemp-related protocols.

Presently, there are no firm age restrictions regarding CBD purchases in Texas, though some sellers may impose an age threshold of 18 years. Nevertheless, due to the dynamic landscape of CBD regulations at both federal and state tiers, it’s crucial for consumers to remain abreast of any prospective changes that could impact the legitimacy and availability of CBD merchandise in Texas.

Guidelines Before Buying CBD Products

Organic is the best.

Organic CBD products are grown without using synthetic pesticides, herbicides, or other harmful chemicals. Another plus is the fact that organic farming observes soil health and biodiversity, giving the producers higher-quality hemp.

Ensure the extract comes from hemp and not from the cannabis plant.

Since the Texas state legalized hemp, you may also find some fake products lurking around. These sellers would claim that their products are derived from hemp when, in fact, it is not. To avoid wasting your money on these fake ones, buy your CBD needs from reputable sellers only.

Buy from companies that practice third-party lab testing.

Independent testing facilities can verify whether a product’s CBD concentration corresponds with the stated amount on its packaging. Additionally, they can identify prevalent impurities and undesired compounds, such as pesticides, heavy metals, or solvents. A company’s failure to provide access to these laboratory reports, either on its website or upon inquiry, serves as a clear warning sign.

Consider how CBD is extracted.

How CBD is extracted significantly impacts the quality and purity of the final product. Many see CO2 extraction as one of the most effective methods. However, there is another way to extract CBD that could surpass the quality produced by the carbon dioxide approach.

Stirling CBD makes use of innovative “cavitation,” which is a type of solventless extraction.

Hemp biomass is put in 33-degree distilled ice water. This freezes the trichomes and crystallizes them. The biomass then runs past an impeller, which spins at 22,000 RPM, creating micro bubbles that burst upon impact with the crystallized trichomes. The process causes the trichomes to burst open, releasing the compounds. The ice water with the Cannabinoid compounds is then run through a 40 Micron Screen Filter, and only pure cannabinoids are left to get the final extract.

Choose your preferred CBD experience.

Full-spectrum denotes that the product incorporates the entire plant during its formulation. This approach captures a wider range of advantageous compounds comprising minor cannabinoids, terpenes, and flavonoids. These components collaboratively enhance the body’s absorption of CBD, a phenomenon often termed the “entourage effect.”

But if you want to enjoy pure CBD, isolates are your best option.

Where Can I Buy CBD in Texas without Breaking the Federal Law

As the popularity of CBD products surges in Texas, accessing CBD has become increasingly convenient. Here are two legal avenues for purchasing CBD products according to Texas law:

Online Stores

With the rise of online stores, many residents of Texas are choosing to buy CBD products online. This choice provides the convenience of doorstep delivery. Typically, online retailers offer diverse products at competitive prices because buyers can purchase directly from the manufacturers. This approach permits customers to peruse various options and make informed choices from the comfort of their residences.

Dispensaries

For those who prefer a more conventional shopping experience, dispensaries and physical stores (such as the Bee Hippy Hemp Dispensary) throughout Texas offer CBD oils and associated products. These establishments provide a physical space for customers to explore different CBD options and ask questions about the products.

The advantage of dispensary purchasing is the opportunity to receive personalized assistance from knowledgeable staff and obtain desired products promptly.

But there may be some downside when you buy CBD oil and other hemp-derived CBD products. For one, not everyone can visit these CBD dispensaries. Also, the prices of their hemp products might be higher than what online retailers offer.

So, “Is CBD Legal in Texas?”

When hemp was removed from the controlled substance list, cultivation, distribution, and possession of its products became federally legal. The state of Texas aligned its laws to allow the use of hemp-based products. By doing so, the potential benefits of hemp, each backed by scientific data, have become available to many Texans.

Yes, CBD is legal in Texas, although there are some conditions that you must meet. But as long as you are buying CBD products that are Farm Bill-compliant, you have nothing to worry about. All you have to do is to enjoy hemp items the Texan way.

Frequently Asked Questions

What happens if the CBD extracted comes from the cannabis plant?

CBD obtained from the marijuana plant is not allowed in the state of Texas. This cannabinoid may result in criminal penalties because marijuana use is not considered federally legal.

Can I smoke CBD in Texas?

Consumers are not allowed to consume CBD vapes and other similar products. The Texas State Health Services bans the processing and manufacturing of smokable hemp products within the state.

Where is CBD derived?

CBD, or cannabidiol, is derived from both hemp and cannabis plants. However, to be federally legal, CBD products must have trace amounts of THC, which is less than 0.3%. This percentage is achievable if the sourced plant is hemp and not cannabis.

Picture of Joe Kryszak
Joe Kryszak
A leader in the Hemp Industry since 2014, Joe has been at the forefront of the Hemp Industry's innovation and growth. He is passionate about creating an atmosphere of collaboration and education in the Hemp Industry through the growth of Stirling Oils. Prior to this, Joe led strategic growth teams and initiatives at HP, Lenovo, and Amazon. With a degree from SDSU and an MBA from Pepperdine, Joe guided numerous businesses beyond the $1b threshold.

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