A roadmap to CBD in Texas
● CBD products are legal throughout Texas
● CBD products sold in Texas contain less than 0.3% THC
● CBD products are being sold in dispensaries, physical and online stores
● Industrial hemp can be legally grown in Texas under the House Bill 1325
● CBD market in Texas offers a variety of CBD products
Is CBD legal in Texas?
On 5 April 2019, the Texas Department of State Health Services removed CBD from the list of controlled substances, following the adoption of the 2018 Hemp Farming Bill. The Hemp Farming Bill federally removed CBD from the list of controlled substances. On 6 June 2019, the Republican Governor Greg Abbot signed House Bill 1325. The bill helps establish broad regulations for hemp cultivation, production, and testing, and brings state policy in line with federal law.
Given that the state legislations put in place so far make it legal to grow hemp in Texas, there have been different interpretations of whether that means that selling and buying hemp-derived products is legal as well. Lack of understanding of the current legislation has even led to a number of wrongful arrests for the possession of hemp-derived products.
It is legal to sell, buy and possess products, including drugs, foods and drinks, and cosmetics which contain industrial hemp or hemp-derived cannabinoids, including CBD, as long as these contain less than 0.3% THC. Retailers who plan to sell CBD products are obliged to register with the state’s health department. Furthermore, the products they sell should be supplied from a manufacturer which complies with the labelling and testing requirements.
In order to use CBD for medical purposes, patients with severe illnesses have to undergo a strict medical process where they receive a CBD medical card. Under the Texas Compassionate Use Act, medical professionals can prescribe CBD products which contain 0.5% THC or less to patients diagnosed with the following conditions:
● autism
● Amyotrophic lateral sclerosis (ALS)
● incurable neurodegenerative disorders,
● spasticity,
● seizure disorders,
A possession of CBD-based product which contains more than 0.3% THC is punishable by law. The conviction carries a sentence of 180 days to two years in prison or a fine of $10.000.
So far, the only CBD-based product that the Food and Drug Administration (FDA) has approved of is Epidiolex, a medicine used to treat seizures associated with Lennox-Gastaut syndrome or Dravet syndrome in patients 2 years of age and older.
Where to buy CBD products in Texas?
Ever since the adoption of House Bill 1325, the CBD market in Texas has been booming. While there is not a comprehensive list of the number of new CBD businesses which have opened since the bill was adopted, the market growth has been noted. It is estimated that by 2022, the CBD market in Texas will exceed $20 billion.
CBD products in Texas can be bought in dispensaries, physical and online stores. Despite the increase in the number of stores selling CBD products, consumers are strongly advised to be wary. Potential customers need to educate themselves on different CBD products and the effect they have on the consumer, but even more importantly, they need to ensure that they buy their CBD products from reliable and reputable stores.
The labelling and testing regulations are yet to be fully enforced, and unsuspecting customers might end up buying a product which is of poor quality or not safe for use. Many CBD products are advertised as alternatives to prescription medication and contain unfounded claims to treat several medical conditions, which the FDA has not recognized.
In that context, CBD product labels are a valuable source of information for consumers. The labels must abide by FDA rules, that is, they should not contain any claims on medical or therapeutic benefits of CBD. One of the most important pieces of information to look for on a label is whether the product is full-spectrum, broad-spectrum, or isolate. Furthermore, the label should contain information on the amount of active CBD per serving, net weight, other ingredients the product contains, name of the distributor or manufacturer, batch or date code.
In addition to prohibiting medical claims on CBD product labelling, the FDA maintains that CBD cannot be added to foods and drinks, nor advertised as a dietary supplement. It has recently begun revaluating its position on this, but the new regulations have yet to be put in place. Under the Hemp Farming Bill, however, states can regulate CBD foods and drinks, cosmetics products, and dietary supplements independently of FDA’s stance on the issue.
Is it legal to grow industrial hemp in Texas?
Growing industrial hemp in Texas is regulated through the House Bill 1325 was signed into law by Governor Greg Abbott. The bill legalized the cultivation of hemp in Texas and helped bring state policy in line with the federal law, the Hemp Farming Bill adopted in 2018. The Hemp Farming Bill created a legal distinction between hemp (cannabis which contains less than 0.3% THC) and marijuana (cannabis which contains more than 0.3% THC). This implies that CBD derived from marijuana is illegal.
The Hemp Farming Bill allows the cultivation of hemp, transfer of hemp-derived products across the state(s), sale, transport, and possession of hemp-derived products provided that these products are produced in accordance with the existing law.
The bill does contain several restrictions, however. As suggested above, the hemp cultivated should not contain more than 0.3% THC, otherwise, it would be considered marijuana, which is not regulated through this bill.
There is a significant shared state-federal regulatory power over hemp cultivation. State departments of agriculture must submit a hemp cultivation plan to the Secretary of USDA, following the consultations with the state governor and chief law enforcement officer. A state’s hemp cultivation plan can be put in place only after the Secretary of USDA approves it. The Texas Department of Agriculture submitted the Texas Industrial Hemp Program to the Secretary of USDA on 2 December 2019, and it was approved on 27 January 2020.
In order to grow hemp in Texas, it is necessary to obtain a license from the Texas Department of Agriculture, which opened an application process for obtaining the license and permit to grow hemp on 16 March 2020.
What CBD products are sold in Texas?
CBD oil
CBD oil is the most popular CBD-based product. The CBD market in Texas offers a variety of CBD oils, ranging in potencies and flavors. CBD oil is diluted with a carrier oil, which does not take away from its potency. If taken sublingually, the effects of CBD can be felt within minutes.
CBD oral sprays
CBD oral sprays are similar to CBD oil as they too are diluted with a carrier oil. Sometimes they contain additional flavors. CBD oral sprays are sprayed into the mouth where they are absorbed by mucous membranes.
CBD capsules
CBD capsules are an easy and discreet way to get your daily dose of CBD. They are consumed like any other capsule or pill. They are made by suspending CBD in a gel capsule.
CBD edibles
In addition to being a convenient and discreet way of taking CBD, CBD edibles are also very tasty. You can find CBD gummies, jellies, candies, and even chocolate bites infused with CBD.
CBD cosmetics
CBD cosmetics is not only organic but also represents an environmentally friendly alternative to traditional cosmetics. The fact that it contains no chemicals or toxins makes consumers turn to it more and more. The CBD market in Texas offers something for everyone, from creams and balms to bath salts.
Resources:
● Texas State Law Library, Cannabidiol (CBD) & Industrial HempTexas Department of Agriculture, Hemp Regulations
● Brookings, The Farm Bill, hemp legalization and the status of CBD: An explainer
● Texas A&M AgriLife Extension, Frequently Asked Questions about Industrial Hemp Production in Texas
● The Texas Tribune, CBD products are everywhere in Texas since the state legalized hemp. Experts warn: buyer beware.
● Fort Worth Star-Telegram, Hemp bill becomes law in Texas. So, are CBD products finally legal?
● American Marijuana, CBD Oil in Texas: 2020 Legal Status, Where to Buy and More
Disclaimer: While we do our best to provide our customers with
accurate and updated information, however, we are not legal experts. The
information provided below is based on our independent research and
should not be taken as legal advice.
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