Is CBD Legal in Texas?

Millions of Americans use CBD to find relief from chronic pain, migraines, and other ailments. The THC free products come with low risks of side effects, and all 50 states allow for the sale of CBD.

CBD oil is sold in stores in Texas, but conflicting stories have caused confusion over how legal the sale of cannabidiol is. So, is CBD legal in Texas?

Is CBD Legal in Texas?

Both marijuana and hemp come from Cannabis Sativa. While marijuana is grown to produce the mind-altering effects of THC, hemp gives us CBD. CBD cannot make a person “high.”

Texas has not legalized marijuana for medical or recreational purposes.

The Hemp Farming Act of 2018

Prior to 2018, hemp products could not be sold in Texas. The Hemp Farming Act of 2018 removed hemp from the list of Schedule I controlled substances. The act technically made it legal to sell CBD in Texas, but the situation confused state law enforcement.

Conflicting Information on CBD’s Legality

In 2019, media reports throughout the state told stories of CBD customers who were arrested for possessing CBD oil and other hemp products. CBD products are free from THC, but many police and sheriff departments had no way of testing the CBD they confiscated.

One story that caught state-wide attention involved a 74-year-old grandmother who went to jail for possessing CBD.

This led many Texans to ask — Is CBD legal in Texas?

Testing Leads to Prosecutions Being Dropped

Police and other peace officers were having difficulty determining whether a hemp oil contained more than .3% THC. That is the legal threshold for hemp.

Any percentage higher than .3% could lead to the arrest of the possessor of that product. How much difficulty individuals had with buying CBD products largely depended on which city and county were involved.

Hemp Farming Finally Makes Texas a CBD-Friendly State

In mid-2019, state lawmakers passed House Bill 1325, which legalized the farming, sale, and distribution of hemp. As Texans began farming hemp in large quantities, stories of arrests for possession of hemp began ending.

So, is CBD legal in Texas? Absolutely yes.

Is THC and/or marijuana legal in Texas? No.

Future Guidance Coming From FDA?

Earlier this year, the FDA stated publically that the government group recognizes the “potential opportunities” that come from hemp and similar products. For those who follow CBD FDA statements, the announcement appears positive for the CBD industry.

CBD’s Bright Future in the Lone Star State

Given Texas’ conservative laws, many still ask — Is CBD legal in Texas? The Lone Star State was one of the last states to allow hemp farming. Now, Texas farms have begun building a state-wide market for consumers of hemp products.

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