Is CBD Oil in Texas legal? Yes and No.
Texas CBD Laws 
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 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 in 2019?
In April, 2019, Texas lawmakers heard testimony from a long list of supporters of a proposed bill that would solidify hemp and CBD’s status as legal in the state. The testimony included facts about how allowing hemp farming would benefit farmers in the state and how CBD would potentially save lives.
The Texas Department of State Health Services removed hemp from a list of Schedule I drugs. The company on that list include LSD, heroin and cocaine.
The declassification of hemp does not clear up the legal issues of hemp CBD products currently sold in Texas, including CBD oils, edibles, gummies, pain creams and smokable CBD Flower.
Texas state legislators still have to modify the classification of hemp and the criminal penalties for buying and selling hemp CBD in Texas to align with federal law.
Most experts suspect that the legislature will, indeed follow through and pass hemp legislation which will also legalize CBD in the state. But, given the uncertainty of the situation, there are still no guarantees. We’ll provide more updates as they happen.
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.
Can you buy CBD oil in Texas Legally in 2019?
So 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.
What is Hemp CBD Oil, or Cannabidiol
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.)
What is the difference between Hemp CBD Oil and the Texas Cannabis CBD Oil
CBD, Cannabidiol and THC, tetrahydrocannabinol, are part of a family of compounds known as cannabinoids. It’s important to understand that THC is the cannabinoid responsible for the high experienced by marijuana users, while CBD is non-intoxicating.
Both hemp and marijuana are categories of strains of the cannabis family. In modern times, cannabis has been bred for two distinct purposes. Those strains which have been bred to be high in THC fall under the category of marijuana. And those which contain negligible amounts of THC are considered hemp.
In recent years certain low-THC strains of marijuana have been developed which now qualify as hemp as they contain levels of THC below the 0.3% limit. The Texas medical marijuana program is THC below 0.5%, not far. These strains which are used to make CBD oil are not actually breeds of industrial hemp, but rather strains of marijuana which have had the THC bred out of them.
This is important as there is a misconception in the American media that CBD oil is made from industrial hemp. Industrial hemp is bred to produce seeds and fibers without regard for the levels of cannabinoids. In fact, industrial hemp is grown packed together in huge fields in much the same way as grains. In order to produce seeds, the female plants must be fertilized by the male plants’ pollen. Once this happens, the plants focus their energy on producing seeds rather than cannabinoids.
The type of hemp being used to produce CBD oil is often referred to as phytocannabinoid-rich hemp, or PCR hemp. This type of cannabinoid-rich hemp looks and smells just like marijuana, which is why the CBD flower being sold now can be esasily mistaked for it’s loaded cousin. It’s grown like marijuana in plots or pots rather than packed together in fields. Then harvested and processed in much the same way as marijuana buds.
While the cannabis oil produced from marijuana can contain both THC and CBD, hemp CBD oil is, for all intents and purposes, devoid of THC. In fact, many CBD products contain zero THC.
The Entourage Effect – Why having some THC in the mix is important. THC and CBD have a kind of yin-yang relationship. In terms of psychological sensations, THC works mainly in the brain by triggering changes in chemical and electrical activity of neurons. It does this by binding to receptors on the surface of brain cells known as cannabinoid receptors.
Although these so-called CB1 receptors don’t have the affinity for CBD that they do for THC, CBD does interact with these receptors and tempers their receptiveness to THC. CBD also interacts with CB2 receptors found in organs throughout the human body and is known for its powerful anti-inflammatory, pain-reducing, seizure-taming, and anti-anxiety effects among others.
Why Texans Want Their CBD and How it Helps
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. Here are a few area where CBD has been used for and why this is such a heated debate.
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, depression, autoimmune conditions such as Crohn’s disease eczema, dysfunctions of the brain such as epilepsy, MS and Parkinsons, fibromyalgia, hair loss and many, many more. If you would like to read up on a larger list of conditions CBD is being used to treat, there is a great one on Medcard, the patient education resource.
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.
How To Buy CBD In Texas
Well, fortunately for parents of children with epilepsy who were able to get a doctor to prescribe CBD for their child, there are several dispensaries in Texas that are open or will deliver. KNOX Medical, Surterra Wellness, and Compassionate Cultivation are three licensed dispensaries for the state.
For Texas parents that 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 Texas Hemp CBD retailers that carry a variety of oils, topical, bath bombs, edibles, pretty much every type of products you can imagine. These retail stores can range from convenience stores, vaporizer shops, to full blown pharmacies. You can walk in to these CBD retailers and buy Hemp derived cannabidiol products in Texas in all the big cities.
Where to buy CBD online
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, a bag of CBD-infused gummies or some CBD vape liquid additive sitting on your front doorstep within 24 hours. Several top brands are showcased on the CBDbay where ratings are starting to be collected.
There are numerous companies selling CBD oil online that will gladly ship their products to Texas residents. Here are a few of them.
These companies also carry a line of CBD for pets products as well. Many of these online hemp CBD retailers will give you a discount using the promo code “CBDBAY”. You go shopping, give it a try!
List of CBD Stores In Texas by City
Brick & Morter stores are alive and well in all the major cities in Texas. Even in the smaller ones the search engines will get you there, Yelp is helpful as well. We compiles a list of CBD retailers in Houston, Dallas, Fort Worth, Austin, El Paso and San Antonio. Here they are: