Posted on

cbd oil illegal in texas

The legal status of CBD in Texas varies depending on its source.

As you can see, there aren’t many options when it comes to marijuana-derived CBD in Texas.

CBD Stores in Austin

Below we explain how both plants are treated by Texas law.

Marijuana is naturally high in THC, meaning that consuming marijuana-derived CBD oil can make you feel high.

Let’s make sure you understand its legal status.

Because Kerver launched her line before the Texas bill, she’s seen firsthand how changes in the law have led to evolving attitudes in Texas about the products. Previously, she was able to sell Colorado CBD products before the federal government legalized hemp because of the 2014 Farm Bill, which started a pilot program for participating states to grow industrial hemp.

In 2018, the federal government passed a new Farm Bill legalizing hemp and derivatives, like CBD, with less than 0.3% of THC, or tetrahydrocannabinol. Hemp and marijuana are both part of the cannabis plant family, but while marijuana is rich in THC and produces a high, hemp contains only traces of the psychoactive compounds and is richer in CBD.

“No one wanted to touch [CBD]. No one wanted to talk about it. No one was interested in carrying this product in any sort of spa or retail space,” Kerver said.

Booming business

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.

The Austin Chamber of Commerce counted at least three CBD-related relocations or expansions since the bill passed last summer, creating about 140 new jobs in the emerging sector. But the list, which is compiled from public media announcements and deals the chamber is involved in, isn’t comprehensive.

Confusion on the part of law enforcement has led to the wrongful arrests of some in possession of CBD or hemp even after the Texas law went into effect. Still, the policy change is an important step on the way to allowing Texans to partake without fear of reprisal, according to Lisa Pittman, a lawyer on the Texas Department of Agriculture’s industrial hemp advisory council.

“We were a business, but it wasn’t as functional as it could’ve been until the [Texas] law passed,” Sydney Torabi said.

Texans are now free to shop CBD products and use them for a wide variety of health conditions like pain, anxiety, depression, and more. If you search online for it, you will find that ordering online is the easiest way to get the best CBD products in Texas. Many companies are providing high-quality full-spectrum CBD tinctures to clients in Texas. But you look for high-quality providers of CBD products in the state.

Mind you, cannabis and CBD laws are somewhat confusing in Texas. Marijuana is still illegal in the state. Possessing up to two ounces of marijuana classifies as a Class B Misdemeanor in Texas. It warrants up to $2,000 in fines and 180 days in prison. The possession of cannabis was banned entirely in Texas before 1973. Anyone possessing the substance in any quantity would face between two years and life in prison during those times.

CBD and THC interact with the human body in a variety of ways. The compounds mimic the effects of endocannabinoids, cannabinoids your body produces on its own. These endocannabinoids fuel the endocannabinoid system in the human body.

How Does the Texas Law Enforcement Test THC Content?

It seemingly can reduce the number of seizures in patients suffering from the condition. Anxiety relief is also an often-cited common benefit of using CBD due to It changing the way your brain’s receptors respond to serotonin. Due to this, the product might end up helping insomniacs catch sleep by reducing anxiety and stress. So, if you are looking for an alternative treatment for some conditions, it’s natural to ask yourself, ‘Is CBD Legal in Texas?’.

The best way to avoid falling into trouble is to buy your CBD product from a reliable supplier in Texas. In fact, the difference between a legal and illegal CBD product comes down to mere percentage points. Make sure you always rely on a trusted supplier so that you can provide proof of concentrations if challenged by law enforcement. A reliable supplier will always submit its products to third-party tests. That’s the only way to make sure the CBD product you purchase has less than 0.3% THC as permitted by Texas law.

Even after the Farm Bill in 2018. Texas failed to set its own regulations regarding the use and sale of CBD in the state. But in mid-June 2019, Texas Governor Greg Abbott signed a bill legalizing the production of hemp in the state. This bill also permits the sale of hemp-extracted CBD without a prescription from a medical practitioner as long as the product contains less than 0.3% THC. With the passing of House Bill 1325 – the Texas Department of Agriculture is now responsible for developing regulations to govern the state’s hemp cultivation program. Anyone looking to farm hemp needs to obtain a license from this department. The legislation, however, does not legalize the cultivation or use of psychoactive marijuana.

Both CBD oil and CBD tinctures are legal in Texas for medicinal use if the product contains less than 0.3% THC and sourced from industrial hemp. Manufacturers extract CBD tinctures from the hemp plant using the alcohol extraction process, while there are many different methods for extracting CBD oil. CO2 extraction, steam distillation, alcohol extraction, and hydrocarbon extraction are the most effective in this regard. Even though CBD oil and CBD tinctures are similar in nature, they differ due to the extraction method. Most of the time, CBD tinctures have a higher concentration compared to CBD oil. Hence, CBD tinctures are ideal for micro-dosing for conditions that need instant relief.