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January 21, 2020

Is CBD Oil Legal in Texas? Everything You Need to Know

Yes, CBD oil is Legal in Texas as long as certain conditions are met.

In 2019, after the passing of the Farm Bill Act, Greg Abbott, the Governor of the Great State of Texas signed a bill into Texas law (bill 3703) which approved the sale of CBD oil to those without a prescription, as long as the oil contains less than 0.3% THC which is also the legal limit that is mandated by the Farm Bill Act.  If you purchase CBD oil within that limit, you will not have any law enforcement issues in Texas.

Is Hemp Farming is Also Legal in Texas?

Yes.  The Texas Department of State also approved hemp legislation by allowing the cultivation of Industrial hemp and Hemp production as well so long as it is up to Texas agriculture code of less than 0.3 THC.  Remember, Hemp has lower levels of THC than Marijuana even though they are both cannabis plants.

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CBD Oil Sales

Fast forward to 2020 and CBD sales have skyrocketed including CBD oil in Texas.  In 2018, the sales of cannabidiol (CBD) products in the US alone reached a staggering $620 million.  More recently, however, experts say that CBD oil sales will rake in up to $22 billion by 2024.  So as you can imagine, CBD oil products in Texas is very popular as well with many people.

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Farm Bill Act

This massive jump in CBD oil sales is primarily due to the 2018 Farm Bill, which legalized industrial hemp oil on the Federal Level with certain conditions.  With that bill's passing, experts believe that more states will also legalize CBD as did Greg Abbott in Texas.

Is CBD Legal in Texas

A 101 on Cannabidiol

Cannabidiol, or CBD as it's more commonly known, is one of the 420 known cannabis constituents. It's a phytocannabinoid, which is a group of molecules unique to the cannabis plant, both hemp and marijuana. Mammals, including humans make their own endocannabinoids.

You may have heard about studies that suggest there are potential pain-relieving effects of CBD. More than that, studies suggest that CBD may have antioxidant properties similar to vitamins C and E.

Also, research suggests that CBD oil may have potential anti-anxiolytic and antidepressant effects. It's through these properties that many believe CBD gummies may help promote a good night's rest.

Pure CBD oil may also help control the skin's production of sebum. This potential CBD skin benefit, plus its antioxidant effect, may help reduce acne.

Although these new uses for CBD show promise, at the present time CBD oil is not FDA approved to diagnose, treat, cure, or prevent any disease or condition.

thc vs cbd


With all these potential benefits of CBD oil, why are there still legal repercussions to its use on the State level in some states?

One reason is that CBD oil is a component of the cannabis plant. As you likely know, marijuana is also a cannabis species. CBD oil can come from marijuana, but in this case, it may also have significantly higher levels of THC.

Will I get High From CBD?

Most of the legislation is because of THC, or tetrahydrocannabinol, which is the one psychoactive agent present in marijuana at high levels (upwards of 30%). It's the compound responsible for marijuana's signature "high" or "stoned" effect.

Granted, many studies point to THC's health benefits too, but psychoactive is psychoactive which poses problems on many fronts for law enforcement throughout the country. 

That's why possession and marijuana use contributes to marijuana still being illegal in many states including Texas which leads people to have misdemeanor marijuana cases.

However, the use of Texas legal CBD products will not result in a high because the amount.

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Medical Marijuana in Texas

In the Lone star State, for instance, the only marijuana which is legal is medical marijuana because the THC level is higher than 0.3%. Moreover, legal medical marijuana uses are very limited in the state and in order to be in possession of medical marijuana, people need to have a medical marijuana card which requires several steps and things to accomplish in order to obtain a card for possession in the State of Texas.

CBD Oil From Hemp

Pure CBD oil made from industrial hemp, on the other hand, contains very little THC -- within or below the legal limits in Texas. Cannabis Hemp has inherently lower levels of THC than Marijuana hence why CBD extracts generally come from the hemp, which is the other cannabis species. Unlike marijuana, industrialized hemp is a legal source of CBD oil products so long as it adheres to cultivation laws of the Texas department of agriculture including THC levels. 

Is CBD Legal in Texas

The Role of the 2018 Farm Bill In All This CBD Talk

It was on December 20, 2018, when the Federal Government passed the 2018 Farm Bill. Thanks to this new law, the hemp plant is no longer part of the Controlled Substance Act (CSA). It legalized the production and sale of hemp and CBD products that contain its extracts.

However, this only applies to hemp with 0.3% or less tetrahydrocannabinol (THC) concentration. Any more THC than that, and it's already against the federal law and the Texas state laws that Greg Abbot signed including Bill 1325.

In short, any product that contains hemp extracts not exceeding THC levels of 0.3% is legal. Under federal law, hemp buyers and sellers don't have to worry about being arrested by law enforcement as long as the stay within the guidelines of the Texas department of agriculture and Bill 1325.

These legal hemp products include cannabidiol-extract containing products. CBD oil products including, CBD tinctures, gummies, and topicals, to name a few are several ways people consume CBD oil products. Again, these products are only legal if they contain 0.3% or less of the psychoactive agent THC.

So, does all this mean that CBD oil and other products are perfectly legal in Texas?

Unfortunately, the state’s law isn’t as straightforward as that. It's at the state-level where things get a bit trickier when it comes to CBD legalities.

legal texas

Texas Department of Agriculture Bill HB 1325

Yes, it is legal to buy, sell, and use CBD oil in Texas, and it has been that way since June 10, 2019. This was the time the Texas Governor Greg Abbott signed the Texas House Bill 1325.

The bill, in support of the 2018 Farm Act, legalizes the sale of hemp products. This includes CBD oil extracted from the hemp.

Additional Criteria For CBD oil in Texas to be Legal 

There are, however, many state considerations for CBD products to be legal though. Aside from the 0.3% THC cap, the hemp plant source itself should have met the state's 7 U.S.C. Chapter 38, Subchapter VII laws.

Also, an accredited independent laboratory should have tested the CBD oil. The test procedures should be in accordance with the ISO/IEC 17025 or a comparable standard. The results should reveal that the product does meet the 0.3 THC content limit.

Buy Only Legitimate CBD Products to Stay on the Good Side of the Law

Before you buy any CBD oil product, check the label first to see what its plant source is. If it's from industrial hemp, the manufacturer would be proud to state that fact. The label should also indicate how much CBD the product contains to ensure it is the CBD oil is legal in Texas under HB 1325. 

Extraction Methods

Next, check the extraction method used to extract the cannabis oil-- it's best to go with a product that made use of CO2 extraction. This extraction method has shown to produce pure CBD hemp oil extracts. It also helps retain the other potential beneficial molecules of the hemp plant.

Why CBD Lab Testing is important scaled

Lab Results and Testing

Before you purchase any CBD product made from Hemp, the first thing you should do is review the lab test results.  Make certain that the CBD oil you'll buy in Texas has less than 0.3 THC content. Better yet, opt for a zero-THC product, which is your safest bet. Just be sure to check the lab test results to confirm that the product really doesn't have THC.  Additionally, you want to ensure the product you are purchasing is free from any harsh chemicals, fillers, or pesticides.  Lastly, you want to make sure that the amount of CBD oil the manufacturer is claiming to be in the product is actually in the product

Keep Your Use of CBD Oil within the Texas Legal Limits

There you have it, the answers you've been looking for to the question, "Is CBD oil legal in Texas?" Now that you know it is (up to certain THC limits), you can make a more educated buying decision. Just remember that it's your right to buy CBD products, so long as they have 0.3% or less THC content.

Ready to buy quality, lab-tested zero-THC CBD oil and other CBD products? Then be sure to check out our wide array of Palm Organix™ CBD products!

These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners

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This product is not for use by or sale to persons under the age of 18. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice. PLEASE NOTE: Zero THC is defined as (0.0%) no detectable THC, as supported by our lab testing.

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