Is CBD Legal In Texas?

by in US Law September 26, 2019

CBD In the Lone Star State

CBD oil, also called cannabidiol, is a component found in hemp that is often extracted from leaves and seeds. CBD can be made into tinctures, pills, creams, gummies, and other products that are being manufactured more and more every day due to the legalization of hemp in 2018. Many states still consider CBD a controlled substance. Many states are unsure how to classify CBD and how to regulate it. As of this writing, there is not much consensus on how to treat CBD and CBD-related products. Texas faces similar confusion.

Texas In June 2019

In June 2019, Texas Governor Greg Abbot signed into law the legalization of hemp and its derivatives such as CBD. Like many states, Texas was not sure what to do when hemp became legal under the Farm Bill of 2018, so it has taken a while to make a decision. Once the Farm Bill passed, people began growing hemp, extracting CBD, and manufacturing CBD products for sale. This has happened in most states, including Texas. While the federal law is on the manufacturers’ and distributors’ side, states still treat CBD like cannabis or marijuana, and plenty of people have been arrested for the manufacture, distribution, and possession of CBD.

Is CBD Marijuana?

If you’re confused about the difference between CBD and marijuana, you’re not alone. Many lawmakers in several states continue to treat CBD like a controlled substance. The Farm Bill states that hemp and hemp-derived products containing less than 0.3 percent THC, which is the substance in marijuana that causes euphoria, are now legal. Governor Abbot’s law uses the same wording, making CBD products legal as long as they don’t contain measurable amounts of THC.

Does This Mean That CBD Is Legal In Texas?

CBD is not quite legal in Texas. The law that was passed made it clear that regulations need to be written, and that’s what the state’s Department of Agriculture plans to do. Over the next 90 days or so, Texas lawmakers will have to write regulations surrounding the growing of hemp, the extraction of CBD oil, and the manufacture of cannabidiol products. The law will also likely regulate the distribution of these products to the general public.

Prior to the law change, only people being treated for intractable epilepsy were allowed to purchase CBD. They had to have a medical marijuana card, and the CBD could only contain up to 0.5 percent THC, not much more than the new federal legal limit. With the law passing in June, CBD sales will be open to the public.

Why Are Lawmakers Stepping In?

The reason lawmakers are stepping in is that CBD sales in other states have demonstrated a lack of regulation. CBD tested in Florida, for instance, was not labeled correctly. Some CBD contains pesticides and other toxins. Governing bodies want to ensure people are safe, and regulating CBD will help ensure that the products are labeled correctly and there is truth in advertising. Of course, the United States Food and Drug Administration (FDA) warns against CBD use in foods and drinks, so chances are consumables or edibles will continue to be illegal in Texas.

For more information regarding the legality of hemp and CBD in Texas, visit

Author: Leafwindow Team

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