Simple & Straightforward Guide on CBD Oil in Texas in 2021

CBD Oil in Texas

Today, CBD oil in Texas is as real, and as legal, as ever. In fact, people are eager to learn more and CBD stores are popping up all over the state. CBD is becoming increasingly popular, and CBD coffees, smoothies, and massages are a new normal for Texans.

However, seeing how state laws and regulations regarding the subject are overly complicated, many Texans are left confused, to say the least. 

Is CBD oil legal in Texas? In a nutshell, yes. But, there are some factors that can make your whole buying experience difficult.

We researched and studied the law and policies, and here’s everything you need to know about possessing, using, selling, or growing hemp-derived CBD in the Lone Star state.

Sounds interesting? Keep on reading!

CBD Texas Law: Marijuana, Hemp, CBD — Are They the Same?

First of all, we need to make a few distinctions. Lawmakers talk about marijuana, hemp, and CBD at the same time. Thus people put them all in the same basket, adding to the overall chaos.  

In this text, we’ll explain “in plain English” what all these terms entail and which ones are legal and illegal.

Now, since marijuana and hemp look and smell the same and come from the same plant family, we can understand where all the confusion comes from. Yet, they’re not the same.

Essentially, they differ in THC levels (tetrahydrocannabinol — the substance responsible for making you “high”). 

According to CBD laws in Texas, marijuana has more than 0.3% THC on a dry weight basis, whereas hemp has less than 0.3% THC. Therefore, marijuana use and possession in Texas is illegal.

So, what is CBD, then? CBD, or cannabidiol, is but one of about a hundred natural components found in a hemp plant. It can be extracted from the plant in the form of CBD oil, which can then be infused into other products — namely, food and drinks — or taken as is. 

Is CBD legal in Texas? Regulations define it as legal… sort of (please bear with us).

The oil is packed with nutrients and other amino and omega acids that bring you tons of health benefits. However, you should note that the FDA doesn’t approve, regulate, or control CBD products. 

The only CBD oil that the FDA approves of is Epidiolex — a drug used to control severe epilepsy seizures in children.

Texas CBD Oil Law Timeline

Texas has always had a complicated relationship with cannabis. Here’s a simplified timeline of the turbulent history of the Texas cannabis law, so you could understand better what’s happening today.

1915: The El Paso Ban — The first US city to ban cannabis.

1919: Restricted Sale — The possession of cannabis remained legal, but non-medicinal use was labeled a misdemeanor.

1931: Statewide Ban — Cannabis possession was banned for the whole state of Texas.

1973: HB 447 — The new Texas CBD laws classified the possession of up to 2 oz of cannabis as a class B misdemeanor (there was a $1,000 fine along with three months of jail time) instead of it being considered a felony like only a couple of years prior.

2007: HB 2391 — Instead of an immediate arrest, the possession of up to 4 oz of cannabis meant the police could “cite and release.” The same penalties still applied, though.

2015: HB 339 — The Texas Compassionate Use Act enabled the use of THC oil for specific epilepsy patients. However, only low THC oil was allowed (less than 0.5% THC).  

2019: HB 1325 — Industrial hemp with less than 0.3% THC was finally approved for cultivation. In addition to that, both the sale and the possession of hemp-derived CBD products were declared legal.

2019: HB 3703 — At the same time, the new Texas CBD laws of 2019 expanded the list of conditions that qualify for the state’s medical cannabis program. The list included conditions such as:

  • Cancer
  • Spasticity
  • Multiple sclerosis MS
  • ALS
  • Autism
  • Huntington’s disease
  • Parkinson’s disease
  • Alzheimer’s disease

You should note that medical patients can only use low-THC CBD products, such as vape oils and inhalers with up to 0.5% THC.

2020: the state adjusts its laws and includes licensing and testing on the agricultural end (in line with the FDA’s guidelines), and is now handled by the state’s DSHS.

2021: Texas Governor signed House Bill 1535 in order to expand eligibility for the Texas Compassionate Use Program for people with cancer and PTSD. It will allow patients to use more potent levels of THC. The bill will become effective on September 1, 2021.

Is CBD Oil Legal in Texas?

Yes! CBD oil for regular use is finally legal in Texas. However, two major factors influence its legality: the source of CBD and the concentration of THC.

This essentially means that CBD oil is completely legal if it’s derived from hemp that has less than 0.3% THC. Why? Because this concentration of THC isn’t high enough to cause any psychoactive effects.

CBD oil laws in Texas also allow medicinal use of cannabis oil, as long as it has less than 0.5% THC. Please note that this is only legal for medical patients that qualify for the state’s medicinal cannabis program. 

House Bill 3703 has determined that qualifying illnesses are the following:

  • Epilepsy and seizure disorders
  • Multiple sclerosis
  • Spasticity
  • Amyotrophic lateral sclerosis (ALS)
  • Autism
  • Terminal cancer
  • Incurable neurodegenerative diseases (Alzheimer’s, Parkinson’s, Huntington’s)

CBD oil derived from marijuana has a much higher THC concentration and is therefore illegal for recreational purposes.

Possible Legal Issues with CBD Oil in Texas 

As good as this new law may sound, its implementation was a bit rocky. CBD users in Texas are still at risk of being detained while their CBD products are being examined for their THC concentration. 

This is mainly due to the field tests that the Texas police use when they cannot distinguish CBD oil from marijuana oil.

Just recently, a man spent a month in Amarillo jail for transporting industrial hemp until the lab results showed that it was, in fact, all legal.

To avoid a CBD oil arrest in Texas, you should always thoroughly research the brand you want to buy CBD products from. In fact, shop with CBD brands that offer public third-party tests proving their oil has less than 0.3% THC and verify the source of the hemp.

People who are caught with up to 2 ounces of marijuana could face felony charges for possession. In other words, they could be charged a fine of $2,000, plus they could end up in jail for up to 180 days.

On the other hand, if you get caught with 1 ounce or less, you won’t get to prison, and the police won’t be allowed to arrest you for possession.

Can You Buy CBD Oil in Texas in 2021?

You can buy CBD oil, but as previously mentioned, you need to be extra careful when choosing a brand. The CBD market is swamped with thousands of brands claiming to have the most superb products out there.

Is CBD oil legal in Texas now? Yes, but to make sure that you’re buying a safe product, pay attention to the following:

  • Hemp source — hemp sourced from the US is usually the safest, mainly due to the strict agricultural restrictions. Kentucky and Colorado, for example, have the best hemp farms, which grow the plant in the purest way possible. More often than not, their hemp complies with strict CBD Texas laws.
  • Extraction process there are a couple of extraction processes available. Yet, the CO2 method is the cleanest one out there and produces CBD oil of the highest quality.
  • Third-party testing a CBD company must test all its products in an independent lab. This ensures that the lab results are objective and accurate. Lab sheets should show you the exact purity and potency of your CBD oil.

On the other hand, CBD oil is illegal in Texas if derived from marijuana. In fact, you can buy cannabis-derived CBD oil in Texas (with 0.5% THC) only if you’re in the medical marijuana program, i.e., if you’re diagnosed with:

  • Autism
  • Multiple sclerosis
  • Amyotrophic lateral sclerosis 
  • Intractable epilepsy 
  • Spasticity
  • Terminal cancer

Where to Buy CBD Oil in Texas

If you need CBD oil to relieve everyday stress and anxiety, for aches and pains, or you just want to improve your overall well-being and wellness, you can look for CBD products in various dispensaries and stores. 

Texas is bursting with CBD dispensaries, with new ones popping up every day. The majority of them are in larger cities like Houston, Austin, Dallas, San Antonio, Fort Worth, and El Paso.

However, suppose you need CBD for a much more severe medical issue. In that case, you should consult your physician and apply for a medical marijuana card to avoid breaking the laws of CBD oil in Texas.

You can also browse the internet and order your CBD products online. Online shopping might be a better option because: 

  • CBD products are usually less expensive (a lot of brands offer discount codes). 
  • You can find detailed information about the company (background checks, third-party lab reports, customer reviews). 
  • Online CBD stores offer a more extensive selection of products (from beauty products like lotions and creams to CBD for pets). 

Can CBD Oil Be Shipped to Texas?

Buying CBD products online and having them shipped to your home from another state is perfectly legal if the products are derived from hemp and contain less than 0.3% THC.

As mentioned before, ordering CBD online sometimes has more benefits than buying it in a brick-and-mortar store. Stores may carry only a few brands, whereas online stores offer an abundance of products that are only a few clicks away. 

How Is CBD Oil Shipped to Texas?

Before dispensaries can ship any of their CBD products, they need to follow strict rules:

  • The product must contain less than 0.3% THC, and it needs to be derived from hemp.
  • The seller must work with licensed growers.
  • The seller must provide COA (certification of analysis).

Moreover, different carriers follow different rules:

  • USPS — to use USPS shipping services, sellers must obtain a license from the state’s Department of Agriculture since industrial hemp production must be authorized. The product must be derived from hemp and contain 0.3% of THC.
  • UPS — UPS follows the same Texas CBD oil rules as USPS, with one exception. They will not ship hemp products from stores that sell marijuana products.
  • DHL — the product must be hemp-derived, and it has to contain 0.3% of THC or less. The seller must comply with the state’s federal regulations. The package must not have any branding or labeling that indicates its content.
  • FedEx — FedEx doesn’t ship CBD products because it is on their prohibited items list. 

Can I Grow CBD in Texas?

House Bill 1325 from 2019 allows the manufacture, production, inspection, and retail sale of industrial hemp in Texas. The production of CBD oil was also permitted by the law.

Moreover, the Texas Department of Agriculture will be responsible for administering the cultivation of industrial hemp. They submitted the plan on December 2, 2019, which was approved on January 27, 2020

The Texas Department of Agriculture also published a list of approved hemp varieties.

CBD in Texas Summary

These are historical moments for Texans and the CBD industry. The market for CBD oil is growing at a rapid rate since the implementation of the new law, and there’s a great number of CBD companies that offer thousands of high-quality products. 

Follow the above requirements and you should have no issues getting your very own bottle of CBD oil right in the middle of the Lone Star State.

FAQs

When was CBD oil legalized in Texas?

Hemp-derived CBD oil became legal in Texas (for sale and use) on June 10, 2019, with House Bill 1325. However, CBD oil should not contain more than 0.3% of THC, and it must be derived from hemp. Selling and using marijuana is still illegal in the Lone Star state.

In other words, you can buy various CBD oil forms from local dispensaries in Texas or online shops, as long as they contain less than 0.3% THC. 

Is CBD oil legal in Texas in 2021?

Yes, CBD oil is legal in Texas. As mentioned before, Texas made CBD legal in 2019 under House Bill 1325. Today, licensed retailers can sell and grow hemp-derived CBD products that contain less than 0.3% of THC. 

In addition to that, patients with qualifying conditions and a medical card can use CBD with 0.5% THC. The qualifying conditions include autism, Lou Gehrig’s disease, intractable epilepsy, spasticity, multiple sclerosis, seizure disorders, and terminal cancer. 

On the other hand, CBD oil in Texas is still illegal if you possess or sell a product with over 0.3% of THC.