Is CBD Legal in Texas? | CBD Legal Status Guide for Minors
Why its important to know Is CBD Legal in Texas?
In a matter of just a couple of years, the three letters have started popping up everywhere in Texas out of nowhere. CBD has become the hottest sensation in alternative medicine, skincare, and pain relief. A few years back, no one within the boundaries of Texas could keep a CBD tincture bottle in his car without being questioned by a cop. Let alone the idea of having a CBD store selling a whole range of CBD products openly.
Just a year back, Texans, or even Americans for that matter, were wary of the terms CBD, marijuana, THC, or hemp. The only thing that would come to your mind when you heard CBD was perhaps the marijuana pre-rolls used by the groups of teens at the notorious, ‘recreational’ get-togethers. And the only place you’d get the CBD stuff would be at a drug store. But today, you’d find it at spas, pharmacies, and cafes.
This unprecedented rise in the use of CBD products is partly due to the fact that the perception of CBD has changed significantly in the last few years. Thanks to some initial scientific research and some inconclusive yet promising evidence about its beneficial effects on human health.
Besides, the public has become more aware of the fact that CBD doesn’t necessarily mean marijuana. Similarly, hemp doesn’t attribute to a ‘dirty’ psychoactive drug. This journey of CBD from a recreational to medicinal reputation is attributed to a number of factors both at the level of the general public and the state’s government.
In short, you see a CBD store at every corner of the state. Should you jump on the bandwagon too? If you are still not benefitting from a spa that uses CBD-infused massage cream, or have still not tasted a coffee at a cafe selling CBD coffees and smoothies, or you haven’t put a drop of CBD tincture under your tongue, are you missing on something really beneficial? Above all, is CBD legal in Texas? If yes, you should be how old to buy CBD in Texas? Is hemp the same as CBD and is hemp legal in Texas? To get answers to all these questions, read on!
What Classifies as Hemp Oil, Is It the Same as CBD Oil? What is the Marijuana Oil?
Okay, before you get into the legal stuff and get down on the Texas CBD laws, you need to know what is what and where is it coming from. When it comes to CBD, there is a lot of confusion surrounding the basic terminologies. Some refer to it as the same as marijuana. While others think CBD and hemp oil are the two names for the same thing. Still, others would think all are the same. The confusion surrounding the CBD market is partially due to incorrect or insufficient information. To help you clear things a bit, here are a few important points you must know about the CBD market.
Where does CBD Come From and Why It Matters
First off, CBD can be obtained from either the hemp plant or the marijuana plant, both belonging to the same cannabis genre. However, when extracted from marijuana, CBD is accompanied by THC; the ill-reputed psychoactive compound. THC makes you feel high. When the source of CBD is in the hemp plant, it contains minimal to zero traces of THC, and hence, you do not get a feeling of high. So, when CBD is extracted from hemp, you can reap its benefits without getting a feeling of high. Besides, the source of CBD oil is also important when it comes to deciding its legal status.
Is CBD Oil the Same as the Hemp Seed Oil?
Now the last question to address is whether hemp oil and CBD oil are the two terms for the same thing? Where both the CBD oil or CBD hemp oil and hemp seed oil might be extracted from the same plant, they still aren’t the same. The hemp oil or hemp seed oil is extracted from the seeds of the hemp plant the seeds do not contain CBD. Whereas, CBD oil is extracted from the stalks, flowers, and leaves of the hemp plant which are high in CBD. While both these oils have their own sets of benefits, they aren’t the same.
What is the Marijuana Oil?
Marijuana oil is another common term surrounding the CBD market. However, it is different from both hemp oil and CBD oil. Marijuana oil refers to the oil extracted specifically from the marijuana plant. It is high in both CBD and THC. Hence it is very much capable of making you feel stoned. It is because of the capability of marijuana oil to be abused that it is banned in most parts of the USA including the Texas state. However, medical marijuana, also called medical cannabis is legal under some specific circumstances. These would be discussed later in this blog.
Now that you know where CBD oil comes from and how it is different from hemp oil, let’s find out is CBD hemp oil legal in Texas. If yes, what are the specific requirements to hold it within the state’s boundaries?
Is CBD Illegal in Texas?
Before we discuss the Texas cannabis laws, let’s have a look at how the federal government of the USA had been handling it over the years.
How the Federal CBD Laws Evolved over the Years
Since the year 1937, the cultivation of hemp and marijuana in any part of the US was illegal. So, the extraction of any compound from any of the cannabis plants was also prohibited by law. You could not buy or sell any CBD product in any state of the US. It was in the year 2018 that things started to change.
A bill, called the Farm Bill 2018 was presented for approval regarding the change in the legality of CBD. This bill was approved by the Trump government towards the end of the year 2019. It brought some significant changes to the status of CBD products at the federal level.
The Farm Bill Act excluded the hemp plant from the Controlled Substances Act which means the extracts from the hemp plant were no more a ‘drug’ that could be abused. Besides now they weren’t even controlled by the Drug Enforcement Administration anymore. They were now controlled by the Department of Agriculture.
The cultivation of hemp plants has now become legal federally since the approval of Farm Bill 2018. And the extraction of CBD and hemp seed oil from this plant to be sold commercially is also legal by federal law. However, it is important to note here that hemp derivatives (whether hemp seed oil or CBD oil) cannot be sold across the boundaries of the states.
According to the regulations of the FDA, when the hemp derivatives are labeled a food and dietary supplements, they can be sold only within the state where they are being produced. However, when they are labeled otherwise, they can be sold anywhere across the country. Moreover, the cultivation of marijuana and the sale of its derivatives is still illegal by federal law.
Besides, federal laws are not the only decisive thing. The states in turn have their own laws relating to the cultivation of hemp and marijuana and the sale of their derivatives. Some states have completely legalized hemp products including CBD and hemp oil. While some other states have a prohibition in place and you aren’t allowed to carry anything that says hemp or CBD on the label. While there are some states which allow CBD products in one form and prohibit them in any other form. There are yet other states which are still in a process of establishing laws related to CBD.
The Evolution of CBD Texas Law
Now talking specifically of Texas, is cannabis legal in Texas? When it comes to CBD oil, Texas has conditional legality in place for CBD products.
In June 2019, a bill was passed by Governor Greg Abbott which legalized hemp products in the state under some conditions. According to House Bill 1325, some licensed retailers are allowed to sell hemp products. Their products must not exceed the legal limit of 0.3% THC whether these are CBD gummies, CBD vape juice, CBD cereals, shampoos, soaps, or supplements.
Is Medical Cannabis Legal in Texas?
The bill allows the patients who have been prescribed to use the CBD oil for some conditions to carry the CBD-based medicines. According to the Texas Compassionate Use Act, some patients with acute illnesses are allowed to purchase and use CBD-based medicine with up to 0.5% THC concentration. These are the patients with the following health conditions;
- Acute neurodegenerative disorders
- Multiple Sclerosis
- Amyotrophic Lateral Sclerosis
- Intractable epilepsy
- Terminal cancer
However, these patients claiming to have any of the above conditions are required to go through a medical check-up before they can use CBD for medicinal purposes. Once they have undergone that process, they can apply for a CBD card under the Texas Compassionate Use Program.
The Crux of CBD Texas Law
In short, since the enactment of House Bill 1325, hemp derivatives in the form of food additives, cosmetics, beverages, food, and supplements are now legal in Texas until they have a THC content of not more than 0.3%. Besides, up to 0.5% THC content in CBD medication can be sold to patients with acute illnesses as listed above once they qualify for the CBD card.
How Old Do You have to be to Buy CBD in Texas?
House Bill 1325 doesn’t specify any age requirement or the buyer of CBD products. It means that anyone from any age group can buy CBD products. There is even an FDA-approved medicine for the very young kids by the name of Epidiolex or treating some rare forms of epilepsy.
However, if a patient wants to get a prescribed CBD medicine with up to 0.5% THC and he is below 18 years of age, he may need a guardian or parent to accompany him.
Where to Get the Authentic CBD Products in Texas?
Since there is no regulatory authority looking into and validating the CBD products, you cannot be sure whether the product actually does contain the contents mentioned on the label. Moreover, the proportions of each ingredient mentioned on the label may or may not be true.
FDA currently does not approve any of the CBD products except the Epidiolex medicine used to treat epilepsy in children. Hence, you cannot get a validated, authentic CBD product verified by an authority.
In such circumstances, the best possible option can be to look for those CBD products which come with a Certificate of Analysis. The COA means that the product has been tested by an independent lab and contains the ingredients as mentioned on the label in the exact proportion.
Some Commonly Asked Questions:
Q: Is CBD oil legal in Texas?
Ans. Yes, it is legal if it contains 0.3% or lesser concentration of THC. In some medicines, to treat some specific conditions, the allowed concentration of THC is up to 0.5%
Q: In which forms can you purchase CBD products in Texas?
Ans. You can get CBD products in the form of cosmetics, beverages, CBD foods e.g. cereals, CBD medicines, CBD gummies, CBD vape, and dietary supplements.
Q: How old do you have to be to buy CBD in Texas?
Ans. There is no specific age limit to be able to buy CBD in Texas.
Q: Can you obtain medical cannabis in Texas?
Ans. Patients who have been prescribed marijuana oil or other forms of medical cannabis can get it under the state’s program. They are allowed to buy medical cannabis with higher THC levels according to Texas cannabis laws.
Is CBD Legal for Minors?
CBD products containing less than 0.3% THC are considered legal for Adults, Children, and teenagers. As House Bill 1325 doesn’t specify any age requirement or the buyer of CBD products.