Below we explain how both plants are treated by Texas law.
As with many federal laws, individual states can decide whether they fully accept it or place their own regulations on the availability and labeling of CBD. The Texas government cleared the gray areas when Governor Greg Abbott introduced House Bill 132. The initiative legalized hemp farming and the sale of hemp-derived CBD products provided that they contain 0.3% THC or less.
Marijuana is naturally high in THC, meaning that consuming marijuana-derived CBD oil can make you feel high.
How to Find Quality Products in Texas?
The legal status of CBD in Texas varies depending on its source.
CBD is a rapidly growing market but it lacks regulation in terms of manufacturing standards and labeling. There are many brands selling high-quality products, but there’s no shortage of suppliers that don’t care much about what’s inside their products.
The US federal government removed hemp from the list of controlled substances in 2018 under the amended Farm Bill. Hemp is now legal to grow in all 50 states for purposes like clothing, paper, fuel, building materials, food, and health supplements such as CBD extracts.
Hemp contains only trace amounts of THC (up to 0.3%) and higher ratios of CBD. The chemical makeup of hemp makes it unable to get the user intoxicated.
The Texas Department of State Health Services formally removed CBD from the Schedule I controlled substances list on April 5, 2019, following the adoption of the 2018 Hemp Farming Bill, which federally removed CBD from the category.
Texas removed cannabidiol (CBD) with .3% or less of THC from its Schedule I controlled substances list in June of 2019 with the passage of House Bill 1325. As a result, licensed retailers may sell some hemp products with CBD if they also contain the THC within the legal limit. The state allows patients with certain qualifying conditions to use other medical formulations that contain CBD, and new conditions are currently under review.
Why is CBD sometimes illegal?
Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. The Texas Compassionate Use Act legalized CBD with .5% THC or less for patients with:
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
The only FDA-approved of CBD by the is GW Pharmaceuticals’ Epidiolex.
But buyer beware, experts warn. Anyone can sell CBD in Texas. Many of the products are advertised as natural alternatives to prescription medications and make unfounded claims to treat conditions like chronic pain, depression, anxiety, insomnia, diabetes and psychosis. None of these claims are recognized by the U.S. Food and Drug Administration.
Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.
“Unless you really know that it’s something reputable, I would say to be wary because you don’t really know that it is even CBD,” Kerver said.
In 2017, business was slow for Sarah Kerver. She was a sales rep for a Colorado-based company trying to push hemp and CBD products in Texas. But customers were apprehensive.
In June, Gov. Greg Abbott signed a bill legalizing hemp and bringing state policy in line with federal law.