As the research into the benefits of CBD grows, more places around the world are becoming open to legal and easily accessible CBD products. Thanks to recent changes in the 2018 Farm Bill, hemp-derived CBD is now legal in the United States according to federal law. However, states can still set their own boundaries and Texas has certain restrictions on CBD. So is CBD Oil legal in Texas?
Despite the Farm Bill, the Texas government still has issues with CBD. Although certain patients with a prescription can obtain CBD Oil, it’s illegal for most and can result in legal punishment. This causes a lot of confusion for Texans- especially as the laws are unclear and some shops still sell CBD. Here’s a guide to CBD Oil in Texas.
United States CBD Laws
Before delving into Texas CBD laws, it helps to know about the overall laws surrounding CBD in the United States. CBD is a cannabinoid which can come from marijuana or hemp plants. Many states now allow the use of marijuana, either for medical or recreational use. This makes CBD Oil made from cannabis available to everyone in certain states and only available to medical marijuana patients in others.
However, CBD can also come from hemp plants. While hemp is a member of the cannabis species, it does not contain enough THC to cause psychoactive effects. While it used to be illegal due to its association with marijuana, the 2018 Farm Bill made the cultivation and sale of hemp legal across the United States.
This means that you can buy and use hemp-derived CBD Oil almost anywhere in America. You don’t need a prescription and there isn’t an age limit on CBD use. Many smoke shops, health stores, and even pharmacies now make CBD available to all consumers.
Many states also have industrial hemp programs to increase the production of hemp products. Texas is an exception here as, despite federal laws, they still have strict rules against CBD use.
Is CBD Oil Legal in Texas?
Despite the growing acceptance of hemp products, the Texas government still deems the use of CBD illegal. This can cause confusion for many citizens of the state, especially as there are still public stores which sell CBD products.
According to a report in February by the Fort Worth Star-Telegram, Texas officials have taken a clear stance against CBD Oil. According to the district attorney’s office, the use of CBD Oil is still illegal and CBD stores in the state will most likely be shut down.
This is due to the THC in CBD Oils. THC is still a controlled substance, and while most states classify CBD Oils with less than 0.3% as food products, Texas still deems these products illegal. Even the possession of CBD Oils with a trace amount of THC can result in a felony in the state of Texas. While you’re unlikely to face punishment for using hemp-based oils, it can still be risky.
Currently, it’s only legal for certain medical patients to possess CBD Oil in Texas. The Compassionate Use Act allows users with intractable epilepsy to use CBD treatment with a prescription. However, anyone else may want to avoid CBD until the disparities in the law are cleared up.
Is Cannabis Legal in Texas?
While many states now make it legal for adults to use marijuana, cannabis is also still fully illegal in Texas. It’s one of the strictest states when it comes to cannabis laws. Even the possession of 2 ounces or less can result in up to 180 days incarceration and a $2000 fine.
Medical marijuana is also illegal in Texas. However, a new law in 2015 allows for certified epileptic patients to use low-THC high-CBD Oil for medical treatment. This is the only situation where people can legally use cannabis or CBD in Texas.
Although many states are easing up on marijuana laws, it seems that it will still be illegal in Texas for some time. However, there is a good chance that the medical use of cannabis or CBD Oils will become legal in time.
When Will CBD Oil Become Legal in Texas?
Despite the state’s harsh stance against CBD Oil, it does seem as though laws will soon loosen up. As knowledge and use of cannabidiol grow around the country, more states are beginning to see the benefits of CBD Oil.
In the Star-Telegram, Texas attorney Luke Wilson notes that “The Texas Legislature additionally is considering bills this session to legalize industrial hemp production and related products in our state.” He also advises citizens to contact the office of the Commissioner of Health, John Hellerstedt, to advocate for CBD Oil.
This means CBD Oil could become fully legal in the state sooner rather than later. While cannabis products will likely still be illegal, it seems Texas may follow the examples of other states and make hemp-based CBD Oils free-to-use without any hassle for Texans.
While CBD is now more legal and accessible than ever before in the states, Texas still has laws against it. If you use CBD Oil in the home, you’re unlikely to face any issues. However, the state has made it clear that they still classify CBD as cannabis and possession of CBD Oil can result in criminal punishment.