CBD in Texas
2019 Complete Guide
Welcome to the complete guide to CBD in Texas, updated for 2019.
The biggest question asked: Is CBD Oil finally legal in TX?
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 Cannabis CBD oil in Texas for the Texas Medical Marijuana Program. Also, 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 reluctant to prescribe CBD to their patients for fear that they might run afoul with Federal cannabis laws.
Is CBD Oil Federally Legal?
The U.S. Federal government’s policy toward cannabis
Back in the 1930s, after being a staple crop in the country for more than two centuries, a powerful businessman in the lumber business and a Washington politician succeeded in getting cannabis cultivation banned in the U.S.
By most accounts the impetus behind the move was to eliminate competition that the hemp industry was giving the lumber industry. And also by most accounts, the motives for the ban were veiled by demonizing the “evil weed.” The reason given for the ban was that marijuana, as the Mexicans immigrants called it, turned people into crazed, sociopathic, murderers.
Then, almost four decades after the ban, in 1970, the federal Drug Enforcement Agency classified cannabis a Schedule I prohibited substance making its possession a felony. Again, by many accounts, the ulterior motive for the new ruling was to empower law enforcement agencies to arrest all those hippie protesters that were giving the U.S. government a bad name.
The half-a-century-long campaign to demonize cannabis was so successful that it has taken more than half a century to even begin to untangle the falsehoods that were embedded in the psyche of the American public.
Let it suffice to say that marijuana is still federally illegal to this day.
Hemp, on the other hand, is a different story. The “plant with 10,000 uses” has finally, as of December 20th, 2018, been legalized nationwide by language included in a recent farm appropriations bill. however with the passing of the 2018 Federal Farm Bill, hemp has become legal in the United states.
2018 Federal Farm Bill, Hemp, CBD, & Marijuana Key Takeaways
• Separated Hemp from Marijuana and defined hemp as containing less than .03% THC
• Removed Hemp & Hemp derived products such as CBD oil from the schedule I substance list (no medicinal value)
• Marijuana Plants and their extracts such as CBD Oil containing more than .03% THC remain on the Schedule I list and are subject to Federal Marijuana Laws.
• Removed Hemp from the oversite of the DEA to the US Department of Agriculture (USDA)
• Established rules for states to submit plans to the USDA to establish their own hemp farming program consistent with the new Federal standards.
Now, let’s get into what the difference actually is between hemp and cannabis.
What is the difference between Hemp CBD Oil and the 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 easily mistaken 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.
Texas CBD Laws - Updated For 2019
Cannabis CBD Oil Legal in Texas - To Some
Oils that are rich in CBD can be produced from either PCR hemp or marijuana. So, what about CBD oil produced from marijuana? Is that CBD oil legal in Texas? Up until recently, that answer depended on one factor — whether or not you suffered from epileptic seizures.
Now, that list of conditions to receive cannabis based CBD oil in Texas has expanded from only epilepsy to include the following conditions:
To qualify you must 1st get your Texas Medical Marijuana ID Card. So, if you have one of the conditions listed above, and you will be able to purchase high CBD cannabis oils containing low THC at or by delivery from open dispensaries in Texas. You will first need to be qualified by a local Texas medical card doctor. If that’s your plan you can get started on registering here.
Hemp CBD Oil Legal now in Texas, YES! - HB 1325.
Yes, Section 11 of HB 1325 allows for existing retailers to possess, transport or sell consumable hemp products that become part of the retailers’ inventory prior to the effective date of DSHS rules resulting from HB 1325. The retailer must be licensed as currently required by law.
Retailers selling consumable hemp products must ensure the product is safe for consumption by being free of heavy metals, pesticides, harmful microorganisms or residual solvents. Additionally, consumable hemp products sold must not contain more than 0.3 percent THC.
2019 Texas HB 1325 Hemp, CBD, & Marijuana Key Takeaways
• Followed the Federal model by separating Hemp from Marijuana and defined hemp as containing less than .03% THC
• Requires the Texas Department of Agriculture (TDA) to first file a state plan to monitor and regulate the production of hemp in Texas, and have that plan approved by the United States Department of Agriculture (USDA)
• Requires the Texas Department State and Health Services (DSHS) to
o Establish a manufacturing licensure program for consumable hemp products.
o Create a registration process for retailers selling consumable hemp products containing CBD.
o Work with the Texas Department of Public Safety (DPS) on random testing for consumable hemp products containing CBD sold at retail. Random testing will not occur until the retail registration process is established after the TDA state plan approval.
• Provided immediate protection for retailers selling CBD products derived from hemp provided the retailer is properly licensed and the products are properly labeled. Once a state plan is approved by the USDA, CBD retailers will be required to register with DSHS
• Hemp extracts manufactured out of state have their own requirements:
o that state or jurisdiction’s plan approved by the USDA;
o in the absence of a state submitted plan, a plan established by the USDA; or,
o the laws of that state or jurisdiction if the products are tested in compliance with, or similar to those set out in Section 443.151 of HB 1325.
Hemp-derived CBD oils, Gummies, Topical, Edibles, CBD Flower, and a plethora of other products are now completely legal in Texas, easy to access, won’t get you high, and won’t get you arrested or fired. So where can you purchase hemp CBD oil?
List of CBD Stores In Texas by City
Brick & Morter stores are alive and well in all the major cities in Texas. We compiled a list of CBD retailers in and around Houston, Dallas, Fort Worth, Austin, El Paso and San Antonio. Here they are:
Where to Buy CBD Online for People and Pets
There are numerous companies selling CBD oil online that will gladly ship their products to Texas residents. Here are a few of them. It’s fast. It’s easy. And you can have them delivered right to your doorstep, saving yourself a trip.
Many of these online hemp CBD retailers will give you a discount using the promo code “CBDBAY”.
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, epilepsy, MS and Parkinsons, fibromyalgia, hair loss and many, many more.