CBD Oil in Texas is illegal unless you are suffering from a severe case of epilepsy and have a doctor’s prescription, yet anyone can walk into a smoke shop that sells CBD and purchase some outright. From the federal government to state governments, the push and pull of whether the plant’s extracts should be legalized is a debate altogether and CBD Oil in Texas is a true example of this conundrum.
CBD Oil Texas: The Highlights
- Cannabidiol commonly referred to as CBD, is one of the known 113 components of cannabis that have been discovered. This CBD component is what is used in oils and other CBD-infused products such as waters, topicals, etc.
- The laws concerning the legality of using CBD are quite sketchy at the moment. This can be attributed to the fact that Federal and State laws are conflicting. The Federal government passed the Farm Bill of 2014 that allowed growing of industrial hemp; industrial hemp here being defined as that which has a 0.3 percent or less THC composition in total weight. However, State law is allowed to supersede Federal law with regards to CBD.
- CBD Oil and other CBD infused products are widely available in stores and online shops across Texas. Texas passed a Compassionate Use Act (S.B. 339) which legalized medical use of marijuana, with very specific regulations that inform who gets to use the CBD products.
- CBD Oil has been said to have a series of medical benefits.
Is CBD Oil Legal In Texas?
The question of whether or not CBD oil is legal or not in the state of Texas is quite frankly an ambiguous one. When we consider the history of cannabis in Texas, the state has generally been conservative or less proactive on this matter compared to some states.
A step back into history and you will realize that the legislation regarding cannabis has been very little. The first state legislation that almost saw cannabis being legalized for use by adults and recreational users dates back to 2015 when the House Bill (H.B. 2165) was introduced. It, however, never got to see the light of day.
Hemp Farming Act (2018) of the Federal government allowed growing and commercialization of the hemp. Technically speaking, this bill legalized CBD in virtually all 50 states.
It is interesting to note that in 2016 DEA moved to rule that CBD, was according to them, categorized in Schedule I with other drugs such as heroin and LSD. Their argument stemmed from the notion that the CBD was extracted from the same parts of the cannabis plant as THC which has psychotic effects.
With regards to Texas, state legislators passed the Compassionate Use Act (S.B. 339) in 2015. This act sought to empower the medical use of marijuana by patients who had intractable epilepsy.
At first sight, the law looks straight forward but behind it are pre-conditions that the patient has to fulfill to cut the threshold of being allowed to use medical marijuana. This law, in particular, is vague on what type of cannabis can be termed as legal. It is only apparent on who can use CBD and under what circumstances.
In the midst of the confusion and ambiguity of the CBD legality in Texas, many agree that the Compassionate Use Act is what prevails legally speaking.
However, the situation on the ground is quite contrary because CBD Oils are accessible to just about anyone in Texas and minimal legal action is taken against those found in possession of CBD.
Understanding the CBD Boom: What is CBD Oil?
CBD Oil is an extract from the cannabis sativa plant or hemp that is said to have some medical benefits. It has been reported to relieve pain, decrease inflammation, and supplement body nutrients among other uses. The extract is often infused in many products such as oils, water, powders, gels, and edibles.
CBD Oil works by stimulating the endocannabinoid system, especially in the event of ailment. The system mostly works by producing natural cannabinoids which help to keep the body at its optimum health by healing when we are unwell.
Several scientists, activists, and legislators have primarily supported the use of CBD for the sole reason that it does not have psychotic effects. THC, another component that can be derived from the cannabis sativa plant, is the one that causes the “high feeling.”
CBD Oil Benefits
Regardless of how CBD oil is no stranger to controversy, it has received a lot of endorsements from many users who come forth to attest how the ‘miraculous’ natural alternative has assuaged medical condition such as arthritis, epilepsy, diabetes, Crohn’s Disease, pain from chronic ailments, multiple sclerosis, HIV/AIDS and glaucoma.
In addition to the above, it has also been argued that CBD oil works better and safer in juxtaposition to the conventional prescriptive medication by pharmaceuticals. The whole debate on whether CBD is a better substitute for opioids is not a new debate.
They are said to have better anti-inflammatory, anti-oxidant, anti-psychotic, anti-carcinogenic, anti-anxiety and anti-depressant properties than the latter.
Texas Cannabis Laws: A General Overview
As has been stated above, Texas has not been very proactive in the formulation of cannabis legislation. It has taken very few steps in that light.
Notably, the Compassionate Use Act of 2015 (S.B. 339) is the latest of the CBD state regulations. It is clear on who is allowed to use CBD. On the other hand, it fails to specify which type of cannabis is legal.
The Act states that medically diagnosed patients with a sporadic form of epilepsy, known as intractable epilepsy, are viable users of low-THC CBD. Intractable epilepsy does not have a cure, and therefore the CBD is meant to be a form of management to improve the patient’s quality of life.
In accordance with Texan State legislation, low-THC CBD is said to be
“…any part of [the Cannabis sativa L. plant] or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains: (a) Not more than 0.5 percent by weight of tetrahydrocannabinol (THC); and (b) Not less than 10 percent by weight of cannabidiol (CBD).”
It, however, tightens the bolt by putting requirements on this CBD usage clause. The patient should have first tried at least two drugs approved by the FDA, and the condition has not shown improvement.
They also have to seek approval from two doctors from Texas, which is quite a task because, in all of Texas, only 18 doctors have been certified to dispense marijuana. It is important to note that it is illegal, according to Federal law, for any doctor to prescribe cannabis.
This, in turn, conflicts with this particular portion of Texan state law.
Lastly, the patient has to be a resident of Texas. After that, the patient is then entered into the Compassionate User Registry.
How To Buy CBD Oil Online Legally In Texas?
When making a purchase, ensure that the CBD is extracted from mature parts of the cannabis. This should be more compliant with the THC levels as required by both the Federal and State governments.
Products that read “industrial hemp” or “mature hemp” are also more likely to be compliant as compared to those that are just labeled as “THC” and “CBD.”
Retailers are technically not allowed to be shelving CBD Oils, and therefore care should be taken when making in-store purchases. If you must, buy from stores that concentrate on industrial hemp.
How Does The 2018 Farm Bill Affect Texas?
President Trump signed the Farm Bill into law in 2018 which is a great game changer for the cannabis industry. It has legalized the cultivation of cannabis under a particular framework. The farmers can now have access to financial services, crop insurance, and research grants, all of which were impossible before the bill.
Also, farmers do not have to apply for the temporary approval called Pilot Research opportunities to deal with cannabis.
Interest In Launching A CBD Business In Texas
Given the dynamic nature of this industry and players, you may want to venture into the CBD business. It is interesting to note that there are only three legally recognized CBD dispensaries in Texas.
Texas likes to regulate the number of dispensers and dealers, and therefore the process of application is made rigorous. They only open a chance for use during certain periods, so you have to be on the lookout. It is advised that you read the guidelines carefully before application and if possible, seek consultation.
CBD Oil Texas: The Final Word
There is potential for the CBD oil industry, but it is dependent on the key players and regulators such as policymakers. Given the already existing confusion because of overlapping laws in federal and state levels, it is imperative that every intending user tries to find a middle ground because the law can catch up with you.
In as much as there is so much fuss concerning this CBD matter, prosecutors are usually reluctant to pursue related cases because of limited resources. However, caution is often the better option.
Maybe the future holds clarity in this CBD business. We shall have to wait and see.
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