CBD, or cannabidiol, is a compound found in cannabis plants that has been increasingly recognized for its potential therapeutic properties. As its popularity grows, laws and regulations around its use are evolving, and these can vary greatly from one state to another. 

In Texas, the legality of CBD is quite clear-cut but also comes with several specific conditions and nuances. The state’s laws reflect both federal changes and local stances on the broader topic of cannabis, making it essential for consumers and retailers alike to understand the specific legal landscape to ensure compliance. The following details the current state of CBD laws in Texas, including where it can be sourced from, the legal limits on THC content, and the potential legal risks you may encounter​. 

Is CBD legal in Texas?

CBD is legal in Texas. However, there are certain conditions and specifications that must be adhered to. The legality of CBD in Texas is largely tied to the 2018 Farm Bill, which removed hemp from the list of controlled substances at a federal level. Texas also enacted House Bill 1325, removing hemp from its list of controlled substances. This means CBD derived from hemp is legal in Texas but must be purchased from licensed sellers.

However, it’s essential to note that the CBD product should not contain more than 0.3% THC (Tetrahydrocannabinol, the psychoactive component of cannabis). It is considered illegal if a product contains more than this federally accepted amount. Therefore, it’s important to verify the THC content and the source of the CBD before making a purchase.

Texas has a very strict stance on marijuana, and it remains illegal for recreational use. Possession of less than two ounces of marijuana can result in a fine of up to $2,000 and up to 180 days in prison. Possession of amounts larger than this can lead to a 2-year jail time and a fine of up to $10,000.

In terms of medical marijuana, Texas does have a limited program in place for patients with severe and intractable epilepsy. Under the Texas Compassionate Act, which was accepted in 2015, these patients are allowed to buy low-THC CBD oil if it is prescribed as a treatment by a doctor. However, a second doctor must examine the patient and agree with the first doctor’s prescription.

It’s worth mentioning that there’s a potential issue with field tests used by the police in Texas. These tests can’t distinguish between marijuana-derived CBD and hemp-derived CBD oil. As a result, you could potentially be arrested for possession while your product is sent to a laboratory for THC content verification. To prevent such complications, you’re advised to always purchase CBD oil with a Certificate of Analysis from a third-party laboratory. This is the only way to prove to the police that your product contains the federally accepted amount of THC​. 

Hemp CBD Oil in Texas

Hemp-derived CBD oil holds a distinct legal status in Texas, primarily due to the changes in federal legislation brought about by the 2018 Farm Bill. This bill removed hemp from the list of controlled substances, making it legal to grow in all 50 states for various purposes including clothing, paper, fuel, building materials, food, and health supplements such as CBD extracts.

In line with the federal law, the Texas government introduced House Bill 1325, which legalized hemp farming and the sale of hemp-derived CBD products, provided that they contain 0.3% THC or less. This legislation makes hemp-derived CBD oil legal for purchase, use, and travel within Texas.

Is CBD Oil Legal in Texas?

Yes, you can buy CBD oil in Texas. After the 2018 Farm Bill was signed, Texas also signed House Bill 1325, which removed hemp from the list of controlled substances. Therefore, hemp-derived CBD products must be purchased from licensed sellers. CBD oil is legal in Texas as long as it comes from hemp and not from marijuana.

Can Doctors Prescribe CBD Oil in Texas?

Yes, doctors can prescribe CBD oil in Texas, but there are specific conditions and limitations. Texas has a limited medical marijuana program for epilepsy patients, which was accepted in 2015 under the Texas Compassionate Act. This act allows patients with severe and intractable epilepsy to buy low-THC CBD oil if a doctor prescribes it as a treatment. However, this is not a simple process. After the first doctor prescribes this kind of medication, a second doctor must examine the patient’s health and agree with the first doctor’s prescription​1​.

This means that while it’s possible to get a prescription for CBD oil in Texas, it’s not widely available to all patients and is restricted to those with severe and intractable epilepsy under this program. It’s always recommended to consult with a healthcare professional for any medical-related inquiries and advice.

Frequently Asked Questions (FAQ)

Please note that laws and regulations can change over time, and it’s essential to consult with legal sources or authorities for the most up-to-date information on CBD legality in Texas.

Resources Used:

1. State Law Library. (n.d.). Cannabis and CBD: What you need to know. Texas State Law Library. Retrieved July 13, 2023, from https://guides.sll.texas.gov/cannabis/cbd
2. Aguilar, A. (2020, January 23). CBD products are everywhere in Texas since the state legalized hemp. Experts warn it’s all a bit of a ‘wild west’. The Texas Tribune. Retrieved July 13, 2023, from https://www.texastribune.org/2020/01/23/texas-cbd-products-are-everywhere-heres-what-you-should-know/
3. LegiScan. (2019). TX HB1325 | 2019 | 86th Legislature. Retrieved July 13, 2023, from https://legiscan.com/TX/bill/HB1325/2019