Is CBD Oil Legal In Texas


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Learn about the current state of cannabis legislation in Texas as well as the impact of medical and recreational marijuana legalization on the state’s economy and crime rate. Find out more about the different types of cannabis licenses in Texas Curious about CBD oil in Texas? Our team is here to shed some light on the Lone Star State and point you to the best products on the market.

Is CBD Oil Legal in Texas?

Cannabidiol (CBD) is one of the active chemical compounds found in cannabis plants. The marijuana plant contains numerous chemical compounds, referred to as cannabinoids, with Delta 9-Tetrahydrocannabinol (THC) being the most active compound. Tetrahydrocannabinol is the psychoactive chemical in the marijuana plant that causes the euphoric sensations experienced when it is consumed. CBD is the second-most prevalent compound in cannabis plants, but it can also be derived from industrial hemp plants or manufactured in a laboratory. Medical marijuana advocates assert that CBD retains the therapeutic effects ascribed to cannabis without possessing the psychoactive qualities (high) attributed to THC. CBD is reputed to possess anti-inflammatory and neuroprotective qualities.

Medical marijuana proponents assert that CBD is a viable treatment for patients with medical conditions that have not responded to conventional medication. CBD can be recommended as an alternative treatment for conditions such as intractable epilepsy and other seizure disorders, ALS, MS, anxiety disorders, and terminal illnesses. CBD is available as capsules, pills, creams, lotions, oils, tinctures, vapes, and edibles such as candy and beverages.

The Hemp Farming Act of 2018 is a bill passed by the U.S. Congress that essentially removed hemp from the federal controlled substances schedule. The Act established a distinction between hemp and marijuana at the federal level. Hemp is defined as cannabis plants with lower than 0.3% THC content by weight, while marijuana refers to cannabis plants with over 0.3% THC-content by weight. The Act descheduled hemp and legalized CBD oils (and other products) derived from hemp in the United States. It also provides states with the ability to regulate, and even prohibit, CBD cultivation and commerce.

Is CBD Oil Legal in Texas?

Consequent to the passage of the Hemp Farming Act of 2018, the Texas Department of State Health Services delisted CBD as a Schedule 1 controlled substance. Governor Abbott signed House Bill 1325 into law, which established regulations for the cultivation, production, and testing of hemp and hemp products in the state. Texas adopted the federal definitions for hemp and marijuana, and as such CBD oils or products made from hemp are legal in the state. The Hemp Farming Act defines legal CBD as CBD derived from cannabis plants (hemp) that contain no more than 0.3% THC content by weight.

The Texas Compassionate Use Act is the state’s medical marijuana law, which was passed in 2015 and further amended in 2019 and 2021. It legalizes the use of low-THC CBD products as an alternative treatment by patients registered in the state Compassionate Use Program. The Act defines low-THC cannabis as CBD products (oils, tinctures, ointments, creams, edibles, and beverages) that contain up to 0.5% THC content by weight. This limit was increased to 1% in the 2021 amendment. Patients registered in the Compassionate Use Program must have been diagnosed with one of the following debilitating medical conditions by a certified physician:

  • Autism
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Multiple sclerosis
  • Incurable neurodegenerative disorders
  • Epilepsy
  • Seizure disorders
  • Spasticity
  • Terminal cancer

What are Texas CBD Laws in 2022?

Congress enacted the Hemp Farming Act of 2018 to legalize the production and possession of hemp and hemp products in the United States. Hemp was defined, in the Act, as cannabis plants in which the THC content is not more than 0.3% by weight. Oils and other products made with CBD derived from hemp plants are legal across the United States and widely available.

Following the descheduling of hemp as a federally controlled substance with the passage of federal hemp laws, Texas passed its Hemp Farming Act – House Bill 1325. Federal hemp laws granted states the authority to regulate hemp cultivation, production, and retail in their jurisdictions. HB 1325 is the Act relating to the production and regulation of hemp and hemp products in the state. It established the legalities for the regulations for cultivating hemp and producing hemp products, such as CBD. It also empowered the Department of Agriculture to establish the administrative rules to govern the Texas Industrial Hemp Program. Hemp and products derived from hemp, such as CBD, that contain no more than 0.3% THC content are legal in Texas and can be easily procured.

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The Texas Legislature passed the Texas Compassionate Use Act in 2015 to serve as the state’s de-facto medical marijuana program. The Act established the Texas Compassionate Use Program under the Texas Department of Public Safety. The Act enabled the use of low-THC CBD oils with up to 0.5% THC content, as a medication by patients with approved debilitating medical conditions. Patients who have failed to respond to conventional medications can be recommended CBD oils as an alternative treatment, provided they meet the statutory requirements. CBD can only be recommended as a treatment for a prescribed set of medical conditions, which is subject to increase by the Health and Human Services Commission. The Act was amended in 2019 by House Bill 3703 to:

  • Increase the number of debilitating conditions, for which low-THC cannabis can be recommended
  • Regulate the production and sales of hemp-derived products in the state
  • Simplify the registration process for participating physicians

In 2021, HB1535 was passed to further amend the Compassionate Use Act. It included non-terminal cancer, PTSD, and other medical conditions designated by the Health and Human Services Commission. It also increased the THC content in legal CBD-derived products from 0.5% to 1% and established a review board to evaluate and approve research programs on the medical use of cannabis.

The use of marijuana recreationally is still illegal in Texas and this includes the recreational use of low-THC cannabis products, including CBD. Only registered participants in the Compassionate Use Program can legally possess and use CBD-derived products that contain more than 0.3% THC content.

What are Texas CBD Possession Limits?

Statutorily, there are no recommended limits on the quantities of hemp CBD that can be legally possessed in Texas. Federal and state hemp laws allow the citizens of Texas to possess CBD derived from hemp without any restrictions. Participants in the state Compassionate Use Program are able to possess low-THC CBD, but the Compassionate Use Act does not set possession limits and leaves this to the recommending physicians.

Can Doctors Prescribe CBD Oil in Texas?

Yes. In fact, doctors’ recommendations are required for the legal possession and use of low-THC CBD oil in Texas. The Texas Compassionate Use Act established the Compassionate Use Program to enable participants in the program to use low-THC cannabis oil as a medication for:

  • Epilepsy
  • Seizure Disorders
  • Multiple Sclerosis
  • Spasticity
  • Amyotrophic Lateral Sclerosis
  • Autism
  • Cancer
  • Post-Traumatic Stress Disorder
  • Incurable Neurodegenerative Diseases

The provisions of the Compassionate Use Program necessitate the recommendation of a certified physician verifying that CBD oil may be used as an alternative treatment. The patient must then obtain a second doctor’s recommendation verifying this diagnosis. Both doctors’ recommendations are required to be registered in the Compassionate Use Registry of Texas to legally use low-THC CBD oil. Recommendations for the use of low-THC CBD must be provided by board-certified physicians who specialize in the treatment of the medical condition they are making the recommendation for. Physicians are required to also provide dosage recommendations and instructions for CBD use to the patient.

What are the Licensing Requirements for CBD in Texas?

The Department of State Health Services (DSHS) licenses consumable hemp manufacturers and distributors in the state, as well as registers retailers of consumable hemp products. Applicants for either license must be 18 years or older and be legal residents of Texas. Consumable hemp products (CHPs) refer to any product that contains hemp and was manufactured or produced for consumption. This includes foods, drugs, devices, and cosmetics, but excludes products containing hemp seeds. CHPs may contain no more than 0.3% delta-9 THC concentration, in accordance with the Hemp Farming Act of 2018.

  • Person who wishes to manufacture or process consumable hemp products
  • Retailer that uses their own labels and packaging for hemp products physically manufactured by another business
  • Retailer that repackages or relabels containers of CHPs
  • CHP wholesaler

Applications for CHP licenses are made by completing and submitting an online business license application. Applicants must also include the following documents, with their applications:

  • A completed Federal Bureau of Investigation Authorization Form
  • The legal description of the property with Geographic Information System (GIS) coordinates

The DSHS CHP license checklist provides details for all the items required to complete a license application process. Applicants who owe the DSHS outstanding fees or have a felony conviction relating to controlled substances in the past 10 years can not be awarded licenses. A consumable hemp product license costs $258, and license holders must have one for each facility where they cultivate or manufacture hemp products. Licenses are valid for a year and must be renewed annually for license holders to retain their statutory rights.

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A retail hemp registration must be held for retail sales of CHPs, where the retailer does not make any changes to the original labels or packaging of the products. These retail sales of CHPs can be conducted online or via storefront. Any person or entity that wants to register to retail hemp products must initiate their registration for a DSHS business and professional license. Applicants will receive emails with their User IDs and passwords, which the applicants will use to log back into the portal to complete their registrations. Registration costs $155 for each location where the CHPs will be retailed and is valid for one year, after which the registration must be renewed.

Where to Buy CBD in Texas?

CBD oils and products derived from hemp are widely available over-the-counter at dispensaries, pharmacies, health shops, and stores in Texas. CBD can also be purchased from numerous online stores that deliver to buyers. Because hemp-derived CBD is legal across the United States, it can be purchased just about anywhere. Persons who purchase CBD should ensure they obtain certificates of analysis from the retailers, to confirm the CBD content of the products.

CBD Oil in Texas: Things to Know

The passing of the U.S. Farm Bill several years ago created a great deal of excitement within the Texas CBD community. The new legislation removed hemp from the Controlled Substances Act, thereby legalizing the cultivation, possession, sale, and distribution of hemp in the state. This has led many to believe that CBD is now legal nationwide. That being said, there are still some minor caveats when it comes to the legality of CBD in Texas.

Although federal law updated hemp legislation, it did not address CBD specifically. In fact, it is up to each state to implement its own laws regarding CBD. Fortunately for residents of the Lone Star State, CBD oil in Texas is everywhere. Various formulations of the cannabinoid can be found in convenience stores, health food shops, gas stations, and just about any other retail location you can think of.

That being said, not all CBD is created equal in the great state of Texas. In fact, the quality of CBD products can vary drastically, and finding the most reputable brands and most effective products can be challenging. Therefore, it’s important to do thorough research and know what to look for when shopping for CBD in Texas.

Below, our team explores CBD laws in Texas and highlights important things to consider when looking for the best, highest-quality CBD products.

Attitudes Towards Cannabis in Texas

As is the case in many U.S. states, cannabis laws and CBD laws in Texas are intrinsically linked. Historically, Texas has had a rather strict stance on cannabis. In fact, El Paso is often touted as the original spot of cannabis prohibition in the United States. However, the Lone Star state has finally embraced the therapeutic value of the hemp plant and its derivatives, with the availability of CBD products expanding rapidly over the last year.

Recreational cannabis remains illegal in Texas, though. Possession of even a couple of ounces is classified as a class B misdemeanor, which can warrant up to half a year in prison and thousands of dollars in fines (not to mention a driver’s license revocation). While this may sound pretty harsh, cannabis laws in Texas actually used to be much stricter.

Fortunately, lawmakers have taken a much more open approach to cannabis in recent years. Several years ago, Governor Greg Abbott signed the Texas Compassionate Use Act into law, allowing medical patients with epilepsy to access cannabis oil that contains less than 0.5% THC. In September 2021, the Act was updated to include several other medical conditions, and also to increase the THC limit from 0.5% to 1%.

In summary, medical cannabis is legal under certain circumstances, while recreational cannabis remains illegal. But what does this all mean for CBD in Texas?

CBD: What the Federal Government Has to Say

As already discussed, the Senate passed an updated version of the Farm Bill into law in 2018. One of the subsections of this Bill includes the Hemp Farming Act, which legalized hemp cultivation throughout the U.S.

Basically, the Bill removed legal restrictions on CBD if it’s derived from hemp plants and contains less than 0.3% THC.

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The updated legislation was a huge development for the CBD industry, causing the already trending CBD movement to snowball. As such, hemp-derived CBD products are now readily available in the United States.

However, while federal law legalized hemp and its derivatives, like CBD, each state is free to make its own rules and regulations regarding CBD products. Most states opted to align state law with federal law, but some decided to introduce stricter regulations.

One of the biggest concerns with the CBD industry is the lack of regulations. Although many states have legalized CBD, there is no set standard for what’s acceptable in terms of overall quality. Moreover, no organization oversees the purity, potency, and safety of CBD products. This has left the door wide open for unscrupulous brands to enter the market.

Therefore, when shopping for CBD, not only in Texas but throughout the U.S., it’s important to find reputable and trustworthy brands committed to producing high-quality products. Premium Jane is one of the top-rated CBD brands in the U.S. and is consistently praised for providing the market with pure, potent, and effective CBD products that get results.

What’s the Deal with CBD in Texas?

In 2019, Texas Governor Greg Abbott signed a bill into law that allowed the cultivation of hemp in Texas. It also approved the sale of CBD oil as long as the product contains less than 0.3% THC. The USDA approved the state’s hemp cultivation plan in early 2020, and since then, CBD sales have skyrocketed across Texas.

The problem is that just about anyone and everyone can sell CBD in Texas now. Many of the products make unfounded claims. No trustworthy CBD brand should be making claims, since the FDA has not recognized cannabidiol yet.

Furthermore, due to the unregulated nature of the CBD market, some exploitative brands mislabel products and make false claims about product contents. For instance, a CBD oil may be labeled as containing 500mg of CBD, when in reality, it contains far less or, in some cases, no CBD at all.

All trustworthy brands send their CBD products to independent laboratories to test cannabinoid content, potency, purity, and more. Plus, they make the lab reports available for customers to view. Here at Premium Jane, you can find the lab analysis for each item under the relevant product description. Our lab reports also confirm that products are free of potentially harmful toxins, like pesticides and heavy metals.

Making Sense of It All

Generally, your best chance of finding quality CBD oil in Texas at affordable prices is to find a reliable online store. Not only is buying CBD online easier and more convenient, but it also gives customers the chance to research and analyze different brands before deciding what product to buy.

Plus, there is a much wider variety of CBD products to choose from online. For instance, here at PremiumJane, you can choose from a large range of CBD oils, capsules, gummies, topicals, CBD joints, bath bombs, and more. You’re unlikely to find such a large offering at brick-and-mortar stores in Texas.

Finally, reputable CBD companies always value transparency. Aside from third-party lab reports, make sure the brand discloses the hemp source, manufacturing, and production processes and provides a full list of ingredients contained in each CBD item.

Final Thoughts on CBD Oil in Texas

Thanks to the 2018 Farm Bill’s passing, Texas has taken a much more liberal approach to CBD in recent years. Lone Star state residents can now buy CBD oil throughout the state as long as it’s hemp-derived and the THC level is less than 0.3%. CBD products are widely available over-the-counter in health food stores, head shops, convenience stores, and other locations.

However, CBD shoppers still need to be wary of low-quality, poorly made CBD products. More often than not, online CBD stores are the best bet for Texas locals since they allow customers the time and resources to research a brand before finalizing a purchase.

Premium Jane is an excellent choice if you’re looking for exceptional quality, excellent customer service, and a wide range of choices in terms of different types of CBD products. You can browse our full range right here, and as is the case with every product we sell, we offer fast, 100% free shipping to Texas residents.

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