Whether you are ordering online or purchasing from your local shop, it’s important for you to be fully aware of the laws in your state. Failure to stay informed and up-to-date with the latest CBD laws can compromise your safety and put you at risk of legal problems.
And if you fail to find a local CBD shop, you can always order online.
Is CBD Oil Legal In Texas?
The Texas CBD laws are affected by two factors: the amount of THC and the source of CBD. To potentially clear the gray areas, Governor Greg Abbott signed House Bill 1325 to turn it into a law.
And if you’re buying online, remember that customer reviews don’t always tell the whole story. Some aren’t truthful and others are simply fabricated to boost the product’s rating.
This bill legalizes not just hemp farming but the sale of hemp-derived CBD products that possess no more than 0.3% THC. In case you are wondering, THC or tetrahydrocannabinol is the compound responsible for that “high” feeling one experiences after taking marijuana.
And because of lax labeling and licensing regulations, unsuspecting consumers may not actually know what they’re buying.
“Unless you really know that it’s something reputable, I would say to be wary because you don’t really know that it is even CBD,” Kerver said.
But buyer beware, experts warn. Anyone can sell CBD in Texas. Many of the products are advertised as natural alternatives to prescription medications and make unfounded claims to treat conditions like chronic pain, depression, anxiety, insomnia, diabetes and psychosis. None of these claims are recognized by the U.S. Food and Drug Administration.
“No one wanted to touch [CBD]. No one wanted to talk about it. No one was interested in carrying this product in any sort of spa or retail space,” Kerver said.
Confusion on the part of law enforcement has led to the wrongful arrests of some in possession of CBD or hemp even after the Texas law went into effect. Still, the policy change is an important step on the way to allowing Texans to partake without fear of reprisal, according to Lisa Pittman, a lawyer on the Texas Department of Agriculture’s industrial hemp advisory council.
CBD is for sale at many wellness and vitamin stores in Texas, despite its confusing legality.
Combine THC and CBD to fully employ the entourage effect.
The Texas Department of Agriculture (TDA) approved the proposed State Hemp Plan in January 2020, and the rules and regulations for the cultivation and licensing of hemp growers, processors, and manufacturers have been added to the Texas Administrative Code.
Texas CBD possession limits
Texas’ definition of consumable hemp products includes foods, drugs, devices or cosmetics that contain industrial hemp or hemp-derived cannabinoids, including CBD, with no more than 0.3% THC. The Texas Department of State Health Services (DSHS) is creating a registration process for retailers to sell consumable hemp products with CBD.
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.
The federal government still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill allows for states to regulate or even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.
The Farm Bill also preserved the power of the Food and Drug Administration (FDA) to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. The FDA maintains that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has begun a process of reevaluating its position on such CBD products, but it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to claims that could be construed as medical advice about CBD.