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Is CBD Legal in Texas?

Is CBD Legal in Texas?

While the legality of CBD products has been debated in the past, most countries have passed laws regarding their use by now. However, one US state was a bit late in passing CBD regulations. So the question of the day is: is CBD oil legal in Texas?

Over the years, we’ve learned that CBD oil may be useful for alleviating various symptoms and increasing ones health and wellness. However, due to the misconceptions surrounding CBD hemp products, many people have been wary about including CBD oil in their health regimen. Is that kind of suspicion warranted?

To get to the bottom of that problem, we have to start by taking a closer look at CBD products. So before we talk about the history of CBD oil laws in Texas, let’s see why regulating these products is even necessary.

About CBD Oil Products

The main reason the legality of CBD oil has been at the forefront of so many people’s minds is the fact that CBD comes from hemp. As we know, most people equate this plant to marijuana, which is famous for having potentially intoxicating effects.

To be fair, hemp does belong to the same group of plants marijuana belongs to. More to the point, marijuana and other cannabis-related products have never been legal in the state of Texas. So what does that mean for our topic? Is CBD oil legal in Texas?

In the end, it really comes down to the content of the oil, i.e., the ingredients that go into it. You see, the cannabis plant contains many components that are broadly known as cannabinoids. Most of those compounds don’t play a part in the way cannabis affects us, though. However, there are two basic cannabinoids lawmakers consider when writing regulation proposals.

THC vs. CBD

The most basic definition of hemp states that it can’t contain more than 0.3% THC by dry weight. But what does that have to do with the legality of CBD oil products? Well, in a word  — everything.

Tetrahydrocannabinol (or THC) is the main psychoactive component of cannabis. It’s what makes people who smoke weed high. As you can imagine, that’s exactly why the lawmakers of Texas were nervous about legalizing hemp-derived products. However, THC clearly isn’t even the main ingredient in CBD oil.

Cannabidiol (or CBD) doesn’t have a psychoactive effect on the human brain. Instead, it plays a big role in the endocannabinoid system, which is in charge of our memory, mood, and even pain perception. Due to the beneficial effects of CBD oil, hemp products were available in Texas for many years before lawmakers sorted the question of their legality.

Notably, though, since growing hemp in the state was illegal, those products were all made outside of the US. Essentially, the proceeds weren’t going to local farmers — so they weren’t helping the state. And that was the main reason lawmakers had to update Texas CBD laws. But what part did THC have in this debate?

Well, when it comes to Texas CBD laws specifically, it has always been easier to argue for the legalization of products that don’t contain any THC whatsoever. With that in mind, let’s finally talk about American CBD oil regulations.

The History of CBD Laws in the United States

When it comes down to it, CBD can be extracted from both hemp and marijuana. However, as of 2019, marijuana-derived CBD products remain classified as Schedule I Controlled Substances in the United States.

But how does that affect today’s question? Is CBD oil legal in Texas as long as it comes from hemp? Let’s take a look at the history of hemp-derived CBD.

As we have established, most of the CBD products you could find in Texas prior to 2019 were of European or Asian origin. That’s because hemp cultivation was illegal in the US up until about ten years ago. Even then, the Industrial Hemp Farming Act of 2009 only allowed hemp cultivation for research purposes.

Still, hemp remained on the federal list of controlled substances until the 2014 Farm Bill. But even after that, it took years for it to spark anyone’s curiosity and make them want to learn more about the benefits of using hemp-derived products.

In 2013, hemp-derived CBD products gained in popularity when CNN aired a segment that endorsed their efficacy in treating seizure disorders. In the wake of that program, dozens of states passed laws, allowing patients to use CBD at the recommendation of their doctor. Yet, that didn’t mean you could walk into a store and get CBD oil or order it online with just a few clicks.

In the years following the CBD boom, the FDA kept diligently enforcing the rules surrounding CBD products. Above all, companies couldn’t market their CBD products as food supplements and medical alternatives.

However, while a section of the market is under the federal purview, most of the CBD manufacturers answer to local and state laws. So what does that tell us about CBD laws in Texas?

Is CBD Oil Legal in Texas?

At this point, most CBD oil products on the market come from hemp. As such, they contain only a fraction of the THC marijuana-derived CBD products can boast with. Because of that, they have been at least partially legal across the United States for several years. In fact, the only reason that caveat even exists is to prevent companies from selling unsanctioned dietary products for humans and animals.

Were the rules different in Texas, though? Well, even before 2019, you would have been able to get your hands on CBD oil in the state. You could even find it in stores! However, the fact of the matter is: cultivating hemp and selling CBD products that contained traces of THC was illegal.

Has that situation changed? Is CBD oil legal in Texas now?

As it turns out, Texas CBD laws got an upgrade in June 2019. Backed by bipartisan support, Republican Governor Greg Abbott signed House Bill 1325 into law, which allows local farmers to grow hemp. More than anything, that has been the biggest step in the right direction, since most CBD oil products sold in Texas up to that point came from Europe or China.

The law also matches many of the other existing state laws, allowing only hemp-derived CBD products. So, even though CBD products are now completely legal in Texas, they must contain less than 0.3% THC.

This legislature does not legalize marijuana and other cannabis products that have a higher THC content. Still, we can at least celebrate the fact that beneficial CBD oil products will get into the hands of those who need them — and American farmers will get a portion of the profits.

 

*All of this information is accurate as of November 2019*

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