DrCPSO
July 16, 2024

Is CBD Legal in Texas

Quick Summary: Yes, CBD is legal in Texas as long as it is derived from hemp and contains THC below 0.3%. After the age of 18, you can buy CBD gummies, capsules, oils, topicals, and inhalants, and after the age of 21, you can buy CBD inhalants.

Stay tuned if you live in Texas and want to know everything about CBD legality in Texas. This article is specially crafted for you.

This article will address all your queries, such as “ Is CBD Legal In Texas? “ How Much You Have To Be To Buy CBD In Texas? “ “ What Products CBD Can You Buy In Texas?” and many more things.

So, read our master guide on CBD legality to avoid any trouble in the future.

Is CBD Legal In Texas?

Yes, CBD is legal in Texas, but under some conditions, such as:

CBD should be driven from hemp
THC should be less than 0.3%
Buyer should be more than 18 y/o

CBD Laws In Texas In 2024

After the farm bill Texas ( Tx ) has signed the House bill 1325 that autorizes:

Summation

Hemp has been removed from the control substances. That is why cultivation, distribution, and sales of hemps are legal in texas. After that we have seen a sudden surge in the demand and sales of CBD oils and other cannabis edibles.

Regulations

Hemp and marijuana are drive from cannabis plants and that is why they contain CBD. However, CBD products that are drive from hemp are legal in texas because they have THC level of less than 0.3%. But, if you want to buy marijuana then you must obtain a medical cannabis card because marijuana products contain THC level of 0.4% or more.

This House Bill 1325 states that hemp drive cannabis products are legal in texas as long as they have 0.3% THC and producers must test their hemps and obtain a certificate from an independent laboratory.

Test Requirements

Sec. 443.151. of theTexas Health and Safety Code states that a sample of the plant is required to determine the concentration of the cannabidiol. The sample report should also state that heavy metals, harmful microorganisms, and pesticides it contains.

General Guidelines

In general there are some other general guidelines about the CBD oil texas legality. It states that CBD oil are legal in texas and it can used and consumed.

Some people ask us can you travel and fly with CBD oil in texas?

Yes, you can travel and fly with CBD oils in texas.

There is one thing that we have seen most people ignore when they are searching for CBD texas legal is that hemp drive CBD products are legal only for consumption purpose which means that you can not use it for smoking puposes.

CBD Legality In Texas

The 2018 Farm Bill led to significant changes in Texas cannabis laws. In 2019, Senate Bill 1020, known as the “State Hemp Program,” went into effect and classified hemp as an agricultural commodity.

This bill removed hemp from the criminal definition of cannabis as long as it contains 0.3% or less THC.

Additionally, smokable marijuana was legalized for certified medical patients.

Now you want to know is CBD legal in Florida then we have a separate article on it that you also wanna check it out.

Can I Buy CBD In Texas?

Yes, you can buy CBD products in Texas as long as you are over 18, and for CBD inhalants, you must be over 21. Currently, no license is required for non-consumable CBD products like oils and topicals as long as they are packed in their original form.

Can I Buy CBD Products Online?

Yes, you can buy CBD products online in Texas. In fact, there are hundreds of online retail shops from which you can purchase CBD products as long as you are 18 years old.

Can I Buy CBD At A Dispensary?

Yes, you can purchase cannabis products from a dispensary. These dispensaries contain Hemp Food Establishment Permits, which they can also show you upon request. Remember, if you want to purchase CBD vape or any other inhalant, you must be 21 y/o.

Although CBD is legal in texas what do you know about CBD legality status in Columbia then we have a separate article on it that you also wanna check it out.

CBD Products That You Can Buy In Texas

Several CBD products are legal to sell in Texas, such as:

CBD Oils
CBD Capsules
CBD Gummies
CBD Topicals
CBD + THC Products

The Farm Bill 2018 And The Control Substance Act

There are two laws in the United States regarding CBD and hemp. Let’s discuss each law in detail to understand it better.

Farm Bill

The Agriculture Improvement Act of 2018 legalized the production and cultivation of industrial hemp. After that, the Farm Bill came, which also legalized hemp-derived CBD products with less than 0.3% THC. This law gave all the power to the states to make their own rules about CBD.

As soon as the law was implemented, we saw a sudden surge in CBD products like lotions, capsules, tinctures, oils, and more.

Controlled Substances Act

At First, President Nixson had made it illegal to produce and sell marijuana in the United States but the Joe Biden government has now made it legal again.

Now hundreds of marijuana products are available in the market that you can buy from your local dealer and dispensary.

FDA Oversight

The Food and Drug Administration monitors all hemp-derived CBD products available for consumer consumption. If you are starting your CBD dispensary, then you must know that currently, only two CBD products have been approved by the FDA.

Epidiolex
Epilepsy Medication

Remember that CBD products may contain different amounts of THC, and you must comply with legal regulations to avoid any penalties from the competitive authorities. In addition, there is a rule that each cannabis seller must follow: CBD sellers must mention their product on their packaging. This can be easily done with the help of custom CBD packaging and custom CBD labels.

Difference Between Marijuana & Hemp

Understanding the difference between marijuana and hemp helps you to know if CBD is legal in your state or not. If you are a beginner in cannabis production, then you must understand that hemp and marijuana have different cannabinoid profiles.

That is why both have a completely different effect on the human body. For your better understanding, let’s discuss hemp and marijuana in detail.

Hemp

Hemp has only a few traces of THC, like it contains less than 0.3% THC. A cannabis strain with 0.4% THC or above is classified as marijuana.

After the farm bill that was released in 2018, 48 out of 50 states in the United States have legalized the cultivation and selling of cannabis products.

Marijuana

As previously mentioned, marijuana products have high levels of THC. If a substance contains 0.4% THC, it will have a high effect on its users, which is considered unsafe by authorities.

It is not harmful, but authorities do not like it to be used for recreational purposes. However, you can still use marijuana in different states if you have a medical marijuana card.

Is CBD Legal At The Federal Law?

The federal law of the US allows their citizens to cultivate hemp and make CBD products. But, under two conditions: cannabis sellers must mention their product on their packaging CBD should be derived from hemp, and it must contain less than 0.3% THC.

The federal government released farm bill in 2018, which:

Removed hemp from controlled Controlled Substances Act
Legalize the production of hemp
Extended allowances for commercial hemp cultivation
Task FDA to monitor CBD products

In addition, the Farm Bill 2018 also allows hemp extracts for industrial and commercial use, meaning CBD oil is legal because is derived from hemp extracts. However, people can still use marijuana which is also known as weed in some states, if they have a medical card.

Is CBD Legal In All Its Forms?

Under the Public Health Service Act and the Federal Food Drug and Cosmetic Act, the FDA regulates products containing cannabis and cannabis-derived compounds.

In simple words, it means that the FDA has complete control over what CBD products can be made and sold. Currently, the FDA has only approved two compounds: epidiolex and epilepsy, which can be used as food drugs, cosmetics, dietary supplements like capulets or cannabis oils, and similar CBD products.

Although the FDA is currently evaluating the safety of CBD, it is presently illegal to add CBD to food or sell CBD as a dietary supplement across state lines. This means:

CBD suppliers cannot sell dietary supplements or foods containing CBD across state lines.
It is legal to sell CBD supplements within the state where they were produced or in states that allow the sale of these products.
‘Active hemp extract’ is legal in all 50 states.
The FDA does not regulate CBD products that are not advertised as supplements.

Is Full Spectrum CBD Legal In All States?

Full-spectrum CBD refers to the extraction of all compounds found naturally in the cannabis plant, including CBD, CBN, CBG, and even THC. For a product to be classified as full-spectrum CBD, it can contain up to 0.3% THC by weight, which is the legally allowed threshold for hemp-derived CBD products in the U.S.

However, while full-spectrum CBD is federally legal, its legality can differ from state to state. Some states have stricter regulations around THC products, even if they are within the federal limit of 0.3%. For example, Idaho has strict laws requiring CBD products to contain zero THC and be derived from specific parts of the cannabis plant, making most CBD products illegal in the state.

Therefore, it is crucial to check individual state laws if you are considering using or purchasing full-spectrum CBD products.