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Is CBD Legal in Texas? CBD Laws 2022

Is CBD Legal in Texas? CBD Laws 2022

In addition to being known as the Lone Star State, Texas is also famed for being home to The Alamo and Tex-Mex cuisine. Most recently, however, it’s become one of the many states that legally permit the sale of CBD.

CBD is currently legal in Texas, but it was not always so.

In 2018, the Farm Bill legalized hemp at the national level, allowing hemp-based CBD products containing less than 0.3% THC to be produced, manufactured and sold in states throughout the country, including Texas.

CBD Laws in Texas: What You Need to Know 

Is CBD illegal in Texas? No. Shortly after the Farm bill was passed to legalize CBD, Texas signed House Bill 1325, authorizing the following:

  • Summation – Under federal and CBD Texas laws, “hemp” has been removed from the list of controlled substances. Because of this, the production, manufacture, retail sale and inspection of hemp products are legal in Texas. This includes CBD oil and other edible parts of the plant.
  • Testing regulations – Hemp and marijuana come from the cannabis plant and contain CBD. However, hemp contains 0.3% or less of tetrahydrocannabinol (THC), the compound associated with creating a “high.” Under House bill 1325, any hemp-related product must be tested for its THC levels and contain 0.3% or less to be considered legal and therefore given the green light to sell and use.
  • Testing required – According to Sec. 443.151. of theTexas Health and Safety Code, a sample of the plant must be tested to determine the total concentration of cannabinoids. The sample will also be tested to determine the amount of heavy metals and pesticides it contains and the amount of harmful microorganisms and residual solvents used in processing.

In addition to House Bill 1325, other general guidelines stipulate additional CBD oil Texas legality conditions: You can use CBD oil and consume food-based CBD products purchased in Texas. 

So, can you fly with CBD oil in Texas or travel with it across state borders? Generally, yes. Hemp-derived CBD is approved by TSA. However, if you’re flying internationally or traveling to a state that hasn’t yet legalized CBD, you’ll want to check with the CBD laws of your arrival destination.

In addition, any CBD product that has more than 0.3% THC is still considered a controlled 

substance and is therefore illegal to purchase, use or travel with. The only hemp product  

that is prohibited for sale and use is one intended for smoking purposes, according to Sec. 

443.204. of the Texas Health and Safety Code.

Is CBD Legal in Texas?

In short, yes, CBD is currently legal in Texas, but it was not always so.

Until the 2018 Farm Bill was enacted, CBD products were illegal to produce, manufacture, sell or use in Texas. Once the bill was passed, hemp and hemp seeds were removed from the Drug Enforcement Administration’s (DEA) controlled substance list. This meant that, federally speaking, CBD products such as oils, topicals and edibles would become legal in the United States.

It was then up to each state to establish its own procedure regarding how it planned to administer its hemp program. Texas formulated House Bill 1325, which established more defined laws concerning the production, manufacturing and retail sale of hemp-related products. After the bill was signed in June of 2019, CBD officially became legal, so long as the products contain below 0.3% THC concentration.

The bill also decreed that the Texas Department of Agriculture should work with the Department of State and Health Services to create and adjust the hemp rules and regulations in the future as needed.

Can I Buy CBD in Texas?

Once CBD products pass Texas’ required testing, they’re available for purchase throughout the state in licensed in-person stores and online shops.

At dispensaries, you can purchase full-spectrum, broad-spectrum and CBD isolates in the form of gummies, chewables, CBD oil and more. You can even purchase beverages at coffee shops or restaurants with CBD oil mixed in.

Can I Buy CBD Online?

In Texas, you can buy CBD through online retailers all over the country. Many CBD users prefer the luxury of purchasing their CBD products through licensed online stores because they typically offer a larger inventory of items, including topicals, oils, edibles and even CBD products for pets. Not to mention, you often find lower prices at online stores because you can use coupon codes, bundle your items and receive member discounts.

Another advantage is that users can easily do a background check on the retailer they’re interested in buying from. Many online suppliers like Zebra CBD provide a Label Accuracy Guarantee to provide evidence that all products have been reviewed and tested by third-party labs. This ensures each product meets the CBD and THC content claims on the label.

Can I Buy CBD at a Dispensary?

Those in Texas interested in seeing the products firsthand before purchasing can visit a licensed cannabis dispensary. There, associates can answer any questions you have about CBD products and you can walk out the same day with your products in hand.

Legal Status of CBD in Texas

CBD is legal in Texas, and there are few legislations regarding how old to buy CBD in Texas. As such, there are no age restrictions when purchasing CBD oil or other CBD products, although some licensed retailers may ask customers to be at least 18 years old. That said, it is up to the discretion of the owner to make that decision.

It’s important to note, however, that the CBD laws in the state of Texas may change in the future as federal and state regulations develop.

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status has been revised since our content was published.

FAQ

1. Is CBD legal in Texas?

Yes, CBD is legal in Texas when purchased from licensed dispensaries or online retailers.

2. How old do you have to be to buy CBD in Texas?

There are no legal age restrictions when purchasing CBD in Texas.

3. Can I sell CBD products in Texas?

To sell CBD products in Texas, you’re required to have a state license, which is renewed yearly.

Source: 

Texas Department of Agriculture. Texas Industrial Hemp Program. https://www.texasagriculture.gov/Regulatory-Programs/Hemp

Texas Constitution and Statutes. Health and Safety Code. https://statutes.capitol.texas.gov/Docs/HS/htm/HS.443.htm#443

Texas Tribune. CBD Products Are Everywhere in Texas Since the State Legalized Hemp. Experts Warn: Buyer Beware. https://www.texastribune.org/2020/01/23/texas-cbd-products-are-everywhere-heres-what-you-should-know/

Scarinci Hollenbeck. Key Takeaways From the FDA’s Review of CBD Products for Mislabeling and Adulteration. https://scarincihollenbeck.com/law-firm-insights/cannabis-law/fda-review-cbd-products-mislabeling