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  • Writer's pictureJustin Sparks

Is CBD Legal in Texas? Things To Know About Texas Law in 2023

Is CBD legal in Texas? This is a question that many people find themselves asking when they come across products containing CBD oil in Texas or they are arrested for possession of CBD products.

Knowing the Texas health code and federal law on controlled substances, such as cannabis plant products, is important if one wants to buy CBD oils legally.

Before one can access cannabis oil, there are some important aspects of Texas CBD laws.

Texas CBD Laws Have Changed Recently

Texas CBD Laws Have Changed Recently

One of the biggest turning points in the use of CBD products was the implementation of the 2018 Farm Bill which effectively legalized hemp-derived CBD oil and other CBD products.

This means that Texas and other States across the country can no longer prosecute anyone for possession or use of hemp-derived CBD products that have less than 0.3 THC oils.

Key Points of Texas CBD Laws

It is surprisingly easy to stay on the right of the law regarding CBD oil if you are a Texas resident because all you need to keep in mind at all times are these five key points:

  • 0.3% THC is the magic number because as long as your CBD products contain less than that they are legal in Texas

  • Thanks to the Compassionate use program, Texas law allows qualifying patients to buy CBD products with up to 1% THC levels

  • Taking marijuana for recreational purposes is still illegal in Texas

  • To stay on the safe side, make sure you buy top-quality CBD that comes with a certificate of Analysis showing that it meets the CBD laws required to make it legal in Texas

  • Buying CBD is easy whether you do so online or from a dispensary

What Is CBD Oil?

Before answering the question "Is CBD legal in Texas" one has to understand more about CBD oils.

CBD, or Cannabidiol, is one of 85 cannabinoids that are derived from the cannabis plant.

Quality CBD oil has to contain a Tetrahydrocannabinol (THC) concentration of less than 0.3% while having high concentrations of Cannabidiol.

Since THC is the psychoactive ingredient in the cannabinoids found in the Marijuana plant, low THC levels are what contribute to the legal status of CBD oil under Texas laws.

Legal Concerns About CBD Oil in Texas

While the 2018 Farm Bill effectively removed industrial hemp-derived CBD products from the Texas controlled substances list, there are still some understandable concerns regarding its use as medical marijuana and its availability in health food stores.

Such concerns have resulted in cannabis laws, such as the Texas Controlled Substances Act being strictly enforced concerning medical marijuana usage.

It is up to the buyers to ensure that they buy CBD oil legally and that it is derived from industrial hemp.

One way for buyers to protect themselves when they purchase CBD oil in Texas is to check with third-party lab reports detailing the THC content and cannabinoid potency.

If the state laws that make CBD oil legal in Texas are different from Federal laws, these must also be considered. Sparks Law Firm can put you in touch with a Fort Worth Texas drug defense lawyer.

Three Things To Know About CBD Laws in Texas

To make things easier for customers when they buy CBD in Texas, they must understand these three important things about the Texas Department of State Health Services and CBD laws in general:

  • Summation

The removal of CBD industry hemp from the controlled substances list effectively allows Texas residents to manufacture, sell, and buy CBD in Texas as long as it meets the required standards enforced by state law.

  • Testing Regulations

Hemp seeds and all related products must be tested to ensure that they contain less THC (0.3%) than marijuana, which is the main difference between these two products.

  • Required Tests

Section 443.151. of the Texas Health and Safety Code states that a portion of the cannabis plant must be tested to determine the THC levels as well as harmful microorganisms, pesticides, and heavy metals.

A Prescription Is Not Needed, According To State Health Services

Since CBD products are now legal in Texas, a prescription is no longer necessary to show that whoever is found in possession of medical cannabis and CBD oil has a valid condition for which they are receiving treatment.

However, if one wants access to stronger medical marijuana that contains more than the required 0.3 THC limit, a prescription will be needed to allow qualifying patients to buy CBD products such as these in Texas.

Two Ways of Buying CBD Products in Texas Legally

As the use of CBD products becomes more popular throughout the state, it has become much easier to access CBD oil. Most CBD sales are conducted in one of the following ways:

  1. Online Shops

Most Texas CBD consumers are turning to online stores for the CBD products they require due to the convenience of being able to receive their purchases in the comfort of their homes.

Online stores also generally sell CBD products at much lower prices and better quality because consumers will be buying directly from the manufacturer.

  1. Dispensaries

Consumers not yet comfortable with buying cannabis products can get their CBD oils from dispensaries and similar brick-and-mortar stores across the Lone-Star State.

The advantage is that they can ask any questions they want and get both the answers they need and the products they want quickly.

Age Restrictions for Buying CBD Oils in Texas

Did you know that some of the earliest medical applications for CBD oil in Texas were for the treatment of childhood illnesses? Looking at it this way, it seems only logical that CBD products should not come with any age restrictions.

That is why legalized CBD can be purchased by anyone in Texas regardless of their age. However, there are some obvious exceptions, such as selling CBD vaporizers or smokable hemp flowers to minors.

Still, Federal law does not clearly define any age limits regarding selling hemp products and Texas law does not enforce any such restrictions.

Selling CBD Oils Without FDA Approval

Hemp legislation does not give everyone carte blanche to sell hemp plant products without any oversight whatsoever. Only FDA-approved CBD products of exceptional quality can be manufactured and distributed throughout Texas.

The consequences of such actions, however, are not as serious as one would expect, especially since CBD oils were removed from the controlled substance list.

A strongly written Cease and Desist letter from the FDA is about as bad as things will get for anyone selling CBD without proper approval.

Much of this letter deals with the fact that the labels on the products stating their uses are not accurate and that the product itself is not generally recognized as safe for the uses being claimed.

This apparent lack of consequences probably has to do with the lack of serious side effects associated with using CBD products with less THC than the 0.3% threshold.

Texas Department of Public Safety Approved the Compassionate Use Act

When Governor Greg Abbott signed the Texas Compassionate Use Act in 2015, it extended the use of CBD oil to treat seizures caused by intractable epilepsy, post-traumatic stress disorder, as well as other chronic medical conditions in patients not responding to conventional treatments.

However, the Act limits the power to prescribe such medication to neurologists and epileptologists.

The Act came into effect in 2017 after a reliable system for the manufacture and distribution of CBD oil was put in place. Sparks Law Firm can answer questions like, "Is delta 10 legal in Texas?"

Do All States Approve Legalized Hemp Cultivation, Distribution, and Use?

Yes, the legality of hemp plants has been approved at a Federal level, meaning all states in the US must abide by this law.

However, as with most Federal government laws, there are some differences when it comes to the state laws that govern the use of hemp-derived products.

If one is relocating to the Lone Star State, one should not assume that the laws on cannabis products are the same in Texas as they are in their previous state.

Does Texas Have CBD Possession Limits?

As long as the CBD products contain less than 0.3% THC, there are no possession limits on the amount you can have. According to the Texas Tribune, CBD legality has resulted in the widespread distribution of CBD oil.

However, any CBD products with more than 0.3% THC are not legal in Texas and if found in possession of these, one may be charged with a Class B Misdemeanor and face up to three months in jail or a fine of $2,000, or both.

What To Do if Arrested for Possession of Hemp-Derived CBD Products in Texas

What To Do if Arrested for Possession of Hemp-Derived CBD Products in Texas

If one is charged with possessing CBD oil or any other controlled substance not legal in Texas, the best thing to do is to call a good lawyer immediately.

A Class B Misdemeanor is a very serious offense that should never be taken lightly.

Federal Law on CBD Products Has Changed in Texas! Sparks Law Firm Is Here to Assist

With the many changes in state laws that make CBD oil legal in Texas, clashes between civilians and Texas lawmakers are inevitable.

Sparks Law Firm is here to assist anyone who finds themselves facing charges of possessing an illegal substance.

The accused or their family members should call the Sparks Law Firm law office today and ask for a free consultation.


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