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.
Below we explain how both plants are treated by Texas law.
The legal status of CBD in Texas varies depending on its source.
What You Need to Know About Buying CBD Oil in Texas
Buying CBD online is easier and more convenient than making local errands.
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.
Not to mention that you can shop for CBD in the coziness of your home, without the need to drive around the city to find the right product.
CBD is for sale at many wellness and vitamin stores in Texas, despite its confusing legality.
If a patient has CBD that contains more than .3% THC, they could face felony charges for possession of cannabis or THC oil. A conviction carries a sentence of 180 days to two years and a $10,000 fine. Read more about the fines involved for possession of marijuana in Texas.
When the Texas Health and Human Services Commission adopts rules on the qualifying diseases, more incurable neurodegenerative disorders may be added to the list.
Texas CBD possession limits
Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into the Schedule I category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. Photo by: Gina Coleman/Weedmaps
Applications to produce hemp are available on the Texas Department of Agriculture website, and potential applicants are encouraged to contact their TDA regional office.
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.