Is CBD in Texas legal? Yes and No.
Here’s how to buy CBD oil in Texas in 2018 — legally.
Is CBD in Texas legal ? This is one of those questions where the answer to which depends on who you ask and how you frame the question.
In 2016 the state of Texas passed an extremely limiting medical cannabis law known as the Compassionate Use Act which made the production and sale of CBD oil legal in Texas — but only for epilepsy patients willing to jump through some hoops.
This measure aside, a number of shops in Texas have been selling hemp CBD oil imported from other states to buyers without a prescription. Their reasoning, in a nutshell, is that CBD oil is a food product made from hemp and is as legal as hemp seed oil or any other hemp food product.
However, in April of 2018, the Texas DSHS threatened to pull all products containing CBD from store shelves statewide. They even went so far as to “raid” one Texas shop that was selling CBD oil. The agency declared that pot laws aside, CBD has not been approved by the FDA as a food additive and, therefore, any food products made with CBD are also illegal.
Just six weeks later, after a raucous public uproar, lawmakers backed down on this position — at least temporarily while they gather more information about CBD. In the meantime, many stores in the state are still selling CBD oils and CBD-infused products such as edibles and skin creams.
So what gives? Is CBD oil legal in Texas, or isn’t it?
In order to fully understand the legal status of CBD in Texas, and the reasons that so many Texans want to be able to purchase CBD oil legally, it helps to understand exactly what it is and how it works.
A Texans Guide to CBD Oil
CBD oil is a refined extract of the hemp plant. Hemp is simply cannabis which produces below 0.3% THC. Anything above that is considered marijuana.
If you do some homework, you’ll find out that 99 out of 100 articles written about CBD oil will tell you that it’s made from industrial hemp — the same plant that has been used to produce textiles and seeds for thousands of years and which has “25,000 uses,” but very little medicinal value. The truth is that the type of hemp from which CBD oil is produced is nothing like industrial hemp. In fact, the cannabinoid-rich strains of hemp from which CBD oil is extracted didn’t even exist 25 years ago.
Rather than being a strain of industrial hemp which has been bred to produce higher levels of CBD, the hemp used to produce CBD oil is actually derived from strains of marijuana which have been bred to be effectively devoid of THC, the compound produced in pot which causes people to get high. This CBD-rich hemp, sometimes referred to as PCR hemp (phytocannabinoid-rich hemp) looks like marijuana, smells like marijuana, and is grown in the same way as marijuana.
CBD oil starts out as a raw extract of PCR hemp. It is extracted from the plant’s resinous flowers. After going through some filtering and distillation processes, the raw hemp extract is transformed into what we know as CBD oil.
Taken to its limits, the distillation process can produce 99.9% pure CBD. This product is odorless and flavorless and is therefore Ideal for adding to foods and cosmetics. (However, products made by infusing them with pure CBD are devoid of the other beneficial cannabinoids and terpenes.)
Why Texans Want Their CBD
CBD is short for cannabidiol. It is one of more than 100 phytocannabinoids – those produced in plants. High-quality CBD oil is rich in these medicinally beneficial compounds as well another class of compounds called terpenes. The purpose of cannabinoids is to regulate a variety of physiological functions in the human body at a cellular level. They do this by interacting with the human endocannabinoid system, or ECS.
The ECS is a system of signaling molecules and receptors via which the brain communicates instructions to individual cells. The human body naturally produces what are known as endocannabinoids. These are produced in the brain and the central nervous system at nerve synapses. It has been discovered over the years that both types of cannabinoids are essential to well-balanced health.
To give you an idea of how important the ECS is for maintaining good health one only needs to look at the wide variety of systems which are regulated by the ECS. For example, when the body is low on nutrients, it’s the ECS that makes us feel hungry. And once we’ve refueled, it makes us feel full. When we need rest, the ECS makes us feel sleepy. And when we’ve had enough rest, it wakes us up. When we’re in danger it puts us on edge. And when the danger passes it calms us back down. These are just a few examples of the vast variety of functions controlled by the ECS.
Cannabinoid receptors are most commonly found in the brain, nervous system, and immune system, but are also found in abundance in all major organs.
Some researchers believe that a number of common medical conditions may be the result of a condition known as endocannabinoid deficiency. These diseases include anxiety and depression, autoimmune conditions such as Crohn’s disease and psoriasis, dysfunctions of the brain such as epilepsy, MS and Parkinsons, fibromyalgia, and many, many more.
Understandably, claims that CBD oil can be beneficial in treating such a vast array of conditions can make people skeptical. How can one compound treat so many diseases? But, as you can see, there is a good reason to believe that CBD oil may, indeed, be a useful tool in treating a variety of medical conditions. And there is abundant scientific research, clinical studies, and anecdotal evidence to back this up.
As a matter of fact, the evidence for the efficacy of CBD oil is so abundant and compelling that lawmakers in a majority of U.S. states have been convinced enough to defy the federal government’s prohibition of cannabis and implement medical cannabis programs which cover long lists of varied conditions. While some of these states have full-blown medical marijuana programs in place, others allow only low-THC, high-CBD cannabis oils. One such state where CBD is legal is Texas. But only to a few.
Is CBD Legal In Texas
Back in 2016, Texas lawmakers passed the Compassionate Care Act. This is a very limited medical cannabis program which allows for the production and use of CBD oil solely for the purpose of treating epileptic seizures. To be more precise, the law allows doctors who specialize in epilepsy and other neurological conditions to prescribe CBD oil to their patients, but only if those patients have tried the current FDA-approved epilepsy drugs with no success.
The law also allows for a regulated system for the production and sale of CBD oil. Many experts have criticized the measure as being too limiting thus denying millions of Texans the medicinal benefits of CBD oil.
Currently, there are only three companies which are legally licensed to produce and sell CBD oil in Texas. And the number of doctors which have been approved to legally prescribe CBD oil in Texas is minuscule compared to the number of epilepsy patients. Many doctors are reticent to prescribe CBD oil to their patients for fear that they might run afoul with Federal cannabis laws.
So what happens if you’re caught holding CBD oil in Texas without a prescription?
Texas CBD Laws 2018
As we mentioned, whether or not CBD oil is legal in Texas depends on who you ask, and how you frame the question. Texas cannabis laws are among the strictest in the nation. Although Texas law forbids the production of CBD oil in the state of Texas without a license, the question of whether or not hemp CBD oil is covered under Texas cannabis possession laws is debatable.
The Texas laws which might apply to CBD oil do, in fact, state that any and all derivatives of the cannabis plant are illegal. So how is that so many people are selling and buying CBD oil in Texas? Are they breaking the law?
As stated earlier, the state is fully aware that products containing CBD are currently being sold at a handful of retail establishments in Texas. Although they “raided” one shop, removing CBD from their shelves, the proprietors were not arrested on cannabis possession charges. Nor have any of the other shops in the state which are selling CBD oil and CBD-infused food and cosmetics products been arrested under cannabis distribution laws. (In other states where a handful of shop owners have been arrested and charged with crimes, the vast majority of cases are thrown out of court.)
The bottom line is this: The production and sale of CBD oil in Texas are strictly limited by law. Producing or selling CBD oil outside of that law is illegal and can — theoretically — result in criminal charges. But the laws pertaining to having a bottle of hemp CBD oil in your possession are murky. If a product is tested and found to contain less than 0.3% THC, the chances of being charged with cannabis possession are extremely slim to nonexistent. And the chances of being convicted of possession of cannabis are even slimmer.
How To Buy CBD In Texas
Now, let’s just assume for a second that the state decides to go ahead with its legal ban on CBD oil products and pulls all illegal CBD oil products from store shelves statewide. Where does that leave Texans who wish to legally purchase CBD oil?
Well, fortunately for parents of children with epilepsy who don’t wish to go through the daunting process of finding a doctor willing to prescribe CBD oil (as well as anyone else in Texas suffering from a hundred other medical conditions who wishes to buy CBD oil legally) CBD oil is really easy to procure.
There are, in fact, a vast number of websites which sell CBD oil which is legally produced in states which allow its production and sale. You could easily have a bottle of CBD oil or a bag of CBD-infused gummies or some CBD vape liquid additive sitting on your front doorstep within 24 hours.
Although there may be some Reefer Madness types who will wag their fingers and stomp their feet about this, it’s extremely unlikely that any law enforcement agency in Texas, including federal agencies, will come pounding down your door with a warrant for the possession of cannabis and drag you off to jail just because you bought a bottle of CBD oil online.
So, CBD in Texas? Technically it is legal, but only under very limited circumstance and after jumping through a number of hoops to get a prescription. Should you be worried about breaking the law by buying CBD online? Probably not.
Where to buy CBD online
There are numerous companies selling CBD oil online that will gladly ship their products to Texas residents. Here are a few of them.
Where to buy CBD for Pets online
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