CBD In Texas
2020 Complete Guide
Is CBD in Texas Legal?
TX CBD 2020
Is hemp CBD oil legal in Texas, yet? What about growing hemp, or making and selling CBD products? In this post, we’ll cover a host of frequently asked questions related to Texas hemp and CBD laws.
A quick look at Texas’ medical cannabis oil program
Before we talk about the recent developments in Texas hemp and CBD laws, let’s look at the Compassionate Use Act that was passed by Texas back in 2016 — the beginning of the turning tide for the cannabis reform movement in the state. The law made low-THC CBD oil legal only for children with intractable epilepsy, leaving many CBD advocates to criticize the program as being too limiting.
Moreover, the requirements on epilepsy patients for earning their medical marijuana cards were daunting, to say the least. Among other roadblocks, getting a medical marijuana card required a doctor’s prescription. That wouldn’t normally be a problem except that at the federal level doctors are legally prohibited from prescribing cannabis. As a result, the number of doctors willing to prescribe CBD oil in Texas is minuscule compared to the number of epilepsy patients.
And furthermore, although it technically made one a criminal, countless numbers of Texans were purchasing CBD oil online and having it delivered to their doorstep making all the hoops jumping parents had to go through to get their child approved for CBD oil to seem torturous.
Nonetheless, Texas moved forward, albeit slowly with its so-called medical marijuana program and three companies were licensed to produce and sell cannabis oil in Texas. However, the Texas medical cannabis law specifies that the oils must contain less than 0.5 percent THC, the compound in marijuana that causes a high. Hemp CBD oil must be below 0.3 percent — a measly two-tenths of one percent difference.
A brief history of Texas CBD laws
In April 2018, the Texas DSHS threatened to pull CBD oil products from stores. They claimed that the products had not been approved by the FDA. And to set an example, they even raided one shop. Six weeks later, after a massive public uproar, the DSHS backed down.
Today, anyone in Texas can easily obtain hemp CBD oil at any number of CBD boutiques throughout the state, especially in the larger cities such as Houston, San Antonio, Dallas, Austin, Fort Worth, and El Paso. And they can do this without being an epilepsy patient and without a prescription.
Shops in Texas that had been selling hemp CBD oil imported from other states reasoned that hemp oil was a food product. But in the eyes of law officials, If you didn’t have epilepsy, you didn’t have a prescription, and you bought your CBD oil at an unlicensed shop, then you might as well be a dope user.
The problem was that CBD sales were so rampant by that time that the state officials didn’t have enough resources to deal with the problem. There were many more important issues.
The legalization of hemp in Texas
Things began to change in 2018 when after nearly eight decades of prohibition, lawmakers in Washington DC divorced hemp from the definition of marijuana and removed it from the Drug Enforcement Agency’s list of Schedule I controlled substances and put most of the regulatory powers into the hands of the states.
It didn’t take long for Texas lawmakers to make their move. Gov. Greg Abbott quickly signed House Bill 1325. The measure officially legalized the cultivation, processing, sale, and possession of hemp. However, the strains grown must produce under 0.3 percent THC to be considered hemp as defined by federal law. If that limit is exceeded the entire crop must be destroyed.
Along with the hemp bill, Texas lawmakers also passed House Bill 3703 expanding the list of qualifying conditions for the low-THC cannabis oil. Some of the new qualifying conditions include all seizure disorders, spasticity, multiple sclerosis (MS), amyotrophic lateral sclerosis (ALS), and other incurable neurodegenerative diseases, plus autism and terminal cancer.
However, there are still many other conditions for which Texans are using CBD oil such as anxiety and pain relief. And with the distinction between hemp CBD oil and cannabis oil equaling a mere 0.2 percent different in THC, and given the strict rules surrounding the state’s anemic medical marijuana program, few Texans are expected to participate.
Now that you know the backstory, let’s look into some of the most frequently asked questions related to hemp production and the sale of CBD oil in the state of Texas.
texas hemp CBD FAQ | 2020
Is CBD oil is legal in Texas?
With the passage of HB1325, Texans no longer need fear being arrested for possession of hemp-derived CBD oil. The laws regarding the production and sale of CBD oil are, however, still somewhat restrictive — a good thing for consumers.
Under the new law, all CBD products must be tested for purity and potency. However, because much of the CBD sold in the state is imported, it’s doubtful that all products available in the state will be compliant. How the state deals with imports remain to be seen.
But the short answer is, yes, CBD oil produced from hemp is now 100 percent legal for all Texas residents as long as the concentrations of THC fall below 0.3 percent. Products made from marijuana or any products containing greater than 0.3 percent THC are still illegal in Texas outside of the medical program where the limit is a whopping 0.5 percent.
Can doctors in Texas prescribe CBD?
Texas is one of the few states that actually uses the term “prescription” for recommending cannabis oils. Most states prefer the term “recommend” simply because the federal government still considers medical cannabis to be illegal. Texas lawmakers’ choice to call the recommendation a prescription actually doomed the program to underperform as most doctors will shy away from the process.
However, there is a drug called Epidiolex, which is essentially pure CBD. Epidiolex has been approved by the FDA for use by children suffering from certain intractable forms of epilepsy with a doctor’s prescription. This is also the only cannabis-based drug covered by health insurance.
What medical conditions are being treated with CBD oil in Texas?
In order to qualify for a prescription for low-THC cannabis oil, a patient must be diagnosed with one of a shortlist of qualifying medical conditions including epilepsy, Parkinson’s Disease, ALS, terminal cancer, autism and many kinds of seizure disorders. However, there are also additional conditions that are commonly treated with hemp CBD oil.
Here are some of the many Medical conditions being treated with hemp CBD oil in Texas:
- ADD & ADHD
- Addiction & Alcoholism
- ALS (Amyotrophic Lateral Sclerosis)
- Alzheimer’s Disease
- Autism Spectrum Disorder (ASD)
- Autoimmune Diseases
- Colitis & Crohn’s Disease
- Endocrine Disorders
- Epilepsy & Seizures
- Hair Loss
- Heart Disease
- HIV & AIDS
- Huntington’s Disease (HD)
- Kidney Disease
- Liver Disease
- Mood Disorders
- Multiple Sclerosis (MS)
- Osteoporosis/Bone Health
- Parkinson’s Disease
- Sickle Cell Anemia
- Skin Conditions
- Sleep Disorders
- Tourette’s Syndrome
- Traumatic Brain Injury (TBI)
- Weight Loss
Can I buy CBD oil products online in Texas?
Want to make your life easy? In Texas, you can legally buy CBD oil online and have it delivered to your door. It’s perfectly legal as long as it’s derived from hemp.
There are actually some benefits to buying CBD online. For example, you’ll find a much larger selection of CBD brands and products online than you will encounter in a local shop. Local shops might only carry a few brands, and these might not be the most trusted brands or highest-quality products. However, be sure to choose only products produced in states that require lab testing for purity and potency. Do your homework.
What hemp CBD products are available in Texas?
A variety of hemp-derived CBD products and delivery methods are now legally available in Texas. These include:
- CBD Oil
- CBD Tincture
- CBD Capsules
- CBD Tablets
- CBD Lozenges
- CBD Candy
- CBD Edibles
- CBD Beverages
- CBD Coffee
- CBD Tea
- CBD Water
- CBD Ointments
- CBD Salves
- CBD Balms
- CBD Creams
- CBD Lotions
- CBD Sex Lube
- CBD Vape Pens
- CBD Vape Oil
- CBD Vape Additive
- CBD Vape Cartridges
- CBD Dabs
- CBD Concentrates
- CBD Isolate
- CBD Flower
- CBD Full Spectrum
- CBD Organic
For medical patients, products containing up to 0.5% THC are also available. However, they are restricted to vape oils and inhalers.
Note that the possession of all smokable forms of cannabis including CBD-rich hemp is forbidden under state law.
Where can I buy CBD oil in Texas?
If you’re interested in jumping through all the hoops to get a prescription for cannabis oil, you can get a Texas medical marijuana card. The card entitles you to purchase your medicine at a licensed dispensary. There are very few in Texas.
If instead, you are shopping for CBD-rich hemp oil or other CBD-infused products, you’re in luck. Brick-and-mortar stores that sell CBD oil and other CBD products are plentiful. Most are located in the larger cities in Texas such as Houston, San Antonio, Dallas, Austin, Fort Worth, and El Paso but CBD can now also be found in rural areas as well.
Can I legally grow hemp in Texas?
House Bill 1325 authorized the production, manufacture, retail sale, and inspection of industrial hemp in Texas. The law also legalized the production of CBD oil. However, it’s still not legal to grow hemp in Texas until TDA submits a state hemp plan to the USDA and receives approval. And prior to submitting the state plan, the TDA is required to wait for guidance from USDA on implementation procedures which came on October 29, 2019. Since then, the TDA has begun the rulemaking process. TDA expects the hemp growing permit application process to begin sometime in 2020.
For more information on growing hemp in Texas check out the links at the end of the article.
Can I legally sell hemp CBD oil in Texas?
As of yet, the state of Texas has not created rules related to selling CBD oil in Texas. However, Texas officials have said that the regulation of CBD consumables in Texas will be handled in accordance with US Food and Drug Administration (FDA) guidelines. And according to current FDA guidelines, the use of CBD in foods and beverages is not permitted.
That means that technically speaking Texas retailers may only sell CBD oil tinctures, capsules, topicals, and other non-edible CBD products that have under 0.3 percent THC and are derived from hemp. That being said, plenty of shops are openly selling CBD edibles, CBD vape pens, and CBD beverages with seeming impunity.
The state agency that will oversee the production, testing, marketing, and sale of CBD consumables in Texas will be the Department of State Health Services (DSHS), not TDA. As additional information is available, both agencies’ websites will be updated. In the meantime, the state has made no effort to restrict the sale of CBD products since the passage of the hemp bill.
Here are some helpful links to learn more about hemp CBD oil
Learn more about hemp CBD laws in Texas
- House Bill HB1325
- Texas hemp regulations
- Cato Institute – Hemp Bill Leaves Texas Prosecutors in the Smoke
- Click2 Houston – More fallout from state’s new hemp law
- Department of Public Safety Interoffice Memorandum HB1325 Guidance
- Texas Food and Fuel Association – Convenience Stores Free to Sell CBD Products in Texas