Is CBD Oil Legal In Texas

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Curious about CBD oil in Texas? Our team is here to shed some light on the Lone Star State and point you to the best products on the market. Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

CBD Oil in Texas: Things to Know

The passing of the U.S. Farm Bill several years ago created a great deal of excitement within the Texas CBD community. The new legislation removed hemp from the Controlled Substances Act, thereby legalizing the cultivation, possession, sale, and distribution of hemp in the state. This has led many to believe that CBD is now legal nationwide. That being said, there are still some minor caveats when it comes to the legality of CBD in Texas.

Although federal law updated hemp legislation, it did not address CBD specifically. In fact, it is up to each state to implement its own laws regarding CBD. Fortunately for residents of the Lone Star State, CBD oil in Texas is everywhere. Various formulations of the cannabinoid can be found in convenience stores, health food shops, gas stations, and just about any other retail location you can think of.

That being said, not all CBD is created equal in the great state of Texas. In fact, the quality of CBD products can vary drastically, and finding the most reputable brands and most effective products can be challenging. Therefore, it’s important to do thorough research and know what to look for when shopping for CBD in Texas.

Below, our team explores CBD laws in Texas and highlights important things to consider when looking for the best, highest-quality CBD products.

Attitudes Towards Cannabis in Texas

As is the case in many U.S. states, cannabis laws and CBD laws in Texas are intrinsically linked. Historically, Texas has had a rather strict stance on cannabis. In fact, El Paso is often touted as the original spot of cannabis prohibition in the United States. However, the Lone Star state has finally embraced the therapeutic value of the hemp plant and its derivatives, with the availability of CBD products expanding rapidly over the last year.

Recreational cannabis remains illegal in Texas, though. Possession of even a couple of ounces is classified as a class B misdemeanor, which can warrant up to half a year in prison and thousands of dollars in fines (not to mention a driver’s license revocation). While this may sound pretty harsh, cannabis laws in Texas actually used to be much stricter.

Fortunately, lawmakers have taken a much more open approach to cannabis in recent years. Several years ago, Governor Greg Abbott signed the Texas Compassionate Use Act into law, allowing medical patients with epilepsy to access cannabis oil that contains less than 0.5% THC. In September 2021, the Act was updated to include several other medical conditions, and also to increase the THC limit from 0.5% to 1%.

In summary, medical cannabis is legal under certain circumstances, while recreational cannabis remains illegal. But what does this all mean for CBD in Texas?

CBD: What the Federal Government Has to Say

As already discussed, the Senate passed an updated version of the Farm Bill into law in 2018. One of the subsections of this Bill includes the Hemp Farming Act, which legalized hemp cultivation throughout the U.S.

Basically, the Bill removed legal restrictions on CBD if it’s derived from hemp plants and contains less than 0.3% THC.

The updated legislation was a huge development for the CBD industry, causing the already trending CBD movement to snowball. As such, hemp-derived CBD products are now readily available in the United States.

However, while federal law legalized hemp and its derivatives, like CBD, each state is free to make its own rules and regulations regarding CBD products. Most states opted to align state law with federal law, but some decided to introduce stricter regulations.

One of the biggest concerns with the CBD industry is the lack of regulations. Although many states have legalized CBD, there is no set standard for what’s acceptable in terms of overall quality. Moreover, no organization oversees the purity, potency, and safety of CBD products. This has left the door wide open for unscrupulous brands to enter the market.

Therefore, when shopping for CBD, not only in Texas but throughout the U.S., it’s important to find reputable and trustworthy brands committed to producing high-quality products. Premium Jane is one of the top-rated CBD brands in the U.S. and is consistently praised for providing the market with pure, potent, and effective CBD products that get results.

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What’s the Deal with CBD in Texas?

In 2019, Texas Governor Greg Abbott signed a bill into law that allowed the cultivation of hemp in Texas. It also approved the sale of CBD oil as long as the product contains less than 0.3% THC. The USDA approved the state’s hemp cultivation plan in early 2020, and since then, CBD sales have skyrocketed across Texas.

The problem is that just about anyone and everyone can sell CBD in Texas now. Many of the products make unfounded claims. No trustworthy CBD brand should be making claims, since the FDA has not recognized cannabidiol yet.

Furthermore, due to the unregulated nature of the CBD market, some exploitative brands mislabel products and make false claims about product contents. For instance, a CBD oil may be labeled as containing 500mg of CBD, when in reality, it contains far less or, in some cases, no CBD at all.

All trustworthy brands send their CBD products to independent laboratories to test cannabinoid content, potency, purity, and more. Plus, they make the lab reports available for customers to view. Here at Premium Jane, you can find the lab analysis for each item under the relevant product description. Our lab reports also confirm that products are free of potentially harmful toxins, like pesticides and heavy metals.

Making Sense of It All

Generally, your best chance of finding quality CBD oil in Texas at affordable prices is to find a reliable online store. Not only is buying CBD online easier and more convenient, but it also gives customers the chance to research and analyze different brands before deciding what product to buy.

Plus, there is a much wider variety of CBD products to choose from online. For instance, here at PremiumJane, you can choose from a large range of CBD oils, capsules, gummies, topicals, CBD joints, bath bombs, and more. You’re unlikely to find such a large offering at brick-and-mortar stores in Texas.

Finally, reputable CBD companies always value transparency. Aside from third-party lab reports, make sure the brand discloses the hemp source, manufacturing, and production processes and provides a full list of ingredients contained in each CBD item.

Final Thoughts on CBD Oil in Texas

Thanks to the 2018 Farm Bill’s passing, Texas has taken a much more liberal approach to CBD in recent years. Lone Star state residents can now buy CBD oil throughout the state as long as it’s hemp-derived and the THC level is less than 0.3%. CBD products are widely available over-the-counter in health food stores, head shops, convenience stores, and other locations.

However, CBD shoppers still need to be wary of low-quality, poorly made CBD products. More often than not, online CBD stores are the best bet for Texas locals since they allow customers the time and resources to research a brand before finalizing a purchase.

Premium Jane is an excellent choice if you’re looking for exceptional quality, excellent customer service, and a wide range of choices in terms of different types of CBD products. You can browse our full range right here, and as is the case with every product we sell, we offer fast, 100% free shipping to Texas residents.

CBD products are everywhere in Texas since the state legalized hemp. Experts warn: buyer beware.

Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

by Naomi Andu Jan. 23, 2020 12 AM Central

A hemp plant inside of the Custom Botanical Dispensary in Austin. Stores selling CBD products are popping up across Texas. Credit: Marjorie Kamys Cotera for The Texas Tribune

In 2017, business was slow for Sarah Kerver. She was a sales rep for a Colorado-based company trying to push hemp and CBD products in Texas. But customers were apprehensive.

“No one wanted to touch [CBD]. No one wanted to talk about it. No one was interested in carrying this product in any sort of spa or retail space,” Kerver said.

Today, the market for CBD, or cannabidiol, is exploding. Stores are popping up across the state selling tinctures and topicals. It’s being mixed into smoothies and coffee at cafes. Spas are advertising CBD massages and therapies. And much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

“You go anywhere now, and you find something that says ‘CBD’ on it,” said Kerver, who’s now in talks with Austin distributors interested in carrying her CBD product line, called 1937 Apothecary.

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But buyer beware, experts warn. Anyone can sell CBD in Texas. Many of the products are advertised as natural alternatives to prescription medications and make unfounded claims to treat conditions like chronic pain, depression, anxiety, insomnia, diabetes and psychosis. None of these claims are recognized by the U.S. Food and Drug Administration.

And because of lax labeling and licensing regulations, unsuspecting consumers may not actually know what they’re buying.

“Unless you really know that it’s something reputable, I would say to be wary because you don’t really know that it is even CBD,” Kerver said.

Booming business

In 2018, the federal government passed a new Farm Bill legalizing hemp and derivatives, like CBD, with less than 0.3% of THC, or tetrahydrocannabinol. Hemp and marijuana are both part of the cannabis plant family, but while marijuana is rich in THC and produces a high, hemp contains only traces of the psychoactive compounds and is richer in CBD.

In June, Gov. Greg Abbott signed a bill legalizing hemp and bringing state policy in line with federal law.

Confusion on the part of law enforcement has led to the wrongful arrests of some in possession of CBD or hemp even after the Texas law went into effect. Still, the policy change is an important step on the way to allowing Texans to partake without fear of reprisal, according to Lisa Pittman, a lawyer on the Texas Department of Agriculture’s industrial hemp advisory council.

Sarah Kerver is the owner of Custom Botanical Dispensary in Austin. Credit: Marjorie Kamys Cotera for The Texas Tribune

Because Kerver launched her line before the Texas bill, she’s seen firsthand how changes in the law have led to evolving attitudes in Texas about the products. Previously, she was able to sell Colorado CBD products before the federal government legalized hemp because of the 2014 Farm Bill, which started a pilot program for participating states to grow industrial hemp.

“There’s been more media around it since Texas has come on board, definitely,” Kerver said. “Texans are becoming more educated about it and much more open to it.”

Industry leaders say they can’t calculate the exact number of new CBD businesses that have opened in Texas over the past year — in part because the Texas Department of State Health Services won’t implement licensing requirements until early this year — though anecdotally, many say they’ve seen an uptick.

The Austin Chamber of Commerce counted at least three CBD-related relocations or expansions since the bill passed last summer, creating about 140 new jobs in the emerging sector. But the list, which is compiled from public media announcements and deals the chamber is involved in, isn’t comprehensive.

Sisters Shayda and Sydney Torabi founded Restart CBD in September 2018, just before the Farm Bill passed. Sydney Torabi said the changes in the law have made business run more smoothly.

The two originally intended to operate the business exclusively online but decided to open a brick-and-mortar location in Austin after having difficulty with several online payment companies, from mom-and-pop merchants to giants like PayPal, that didn’t want anything to do with cannabis.

“We were a business, but it wasn’t as functional as it could’ve been until the [Texas] law passed,” Sydney Torabi said.

The Torabis started with a pop-up store and expanded to a permanent location last April, a month before Texas law changed.

“We were operating in a gray area until the Texas bill passed,” Sydney said. “It did take away a little bit of the stigma. Like, ‘OK, now it’s legal in Texas. We can go to a CBD shop and not feel like we’re doing something bad.’”

Kerver owns her own CBD product line, called 1937 Apothecary. Items at the store range from magazines, capsules, tinctures, edibles and hemp oil. Credit: Marjorie Kamys Cotera for The Texas Tribune

A cure-all?

CBD comes in many forms: smokeable flower, tinctures, topicals, edibles and much more.

It’s not cheap. For example, offerings at Custom Botanical Dispensary, Kerver’s Austin-based collective, range from capsules ($96 for 30) and a Full Spectrum Tincture ($82 for 1 ounce) to a PMS Dark Chocolate Bar ($18), infused popcorn ($7) and even Pet Hemp Oil in flavors bacon and tuna ($40).

Despite lofty and wide-ranging claims, CBD is only FDA-approved to treat two rare kinds of epilepsy via prescription drug Epidiolex. In part, this is because little research has been done in the U.S. on the hemp derivative.

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But the FDA also says the jury’s still out as to whether CBD is considered a safe substance.

“CBD has the potential to harm you, and harm can happen even before you become aware of it,” the agency said in a November consumer update, going on to list potential repercussions like liver injury. The effect on children and pregnant or nursing women is unknown, the FDA added.

In the meantime, businesses nationwide are getting wrist slaps for making medically unproven promises.

In November, the FDA sent warning letters to 22 CBD sellers across the country, including Noli Oil in Southlake. The letter to Noli Oil cited a myriad of illegal health claims, from inhibiting cancer cell growth to treating schizophrenia and antibiotic-resistant infections.

Also flagged was the company’s sale of edibles, like gummy bears and caramels, in interstate commerce. While CBD-infused food products can be manufactured and sold in Texas, they can’t cross state lines because the FDA considers the compound an “adulterant.”

Other sellers were targeted for falsely marketing CBD as a dietary supplement.

When it comes to touted benefits, Dr. Yasmin Hurd of Mount Sinai’s Addiction Institute said she’s cautiously optimistic.

“Can I say go be a guinea pig yourself? Unfortunately, just because of my position, I can’t really approve that,” Hurd said. “But clearly, hundreds of thousands of people are doing research on themselves and trying to find out what works on their particular ailment.”

There is some evidence to suggest it could be beneficial for anxiety, psychosis and substance abuse, Hurd said. Other claims, like its effect on chronic pain, are more dubious, at least until more research is done, she added.

But Kerver said her own experience and the testimonies of friends and family have convinced her of CBD’s efficacy.

Her husband found relief from inflammation after back surgery, and her siblings from anxiety and sleep issues. She said she has seen her own gut problems clear up completely.

“When someone has been constantly taking something for well over a year, and it’s still working for them for the same thing, and they have to have it, that’s not the placebo effect anymore,” Kerver said.

A display case inside the Custom Botanical Dispensary in Austin. Credit: Marjorie Kamys Cotera for The Texas Tribune

Hurd also warns that CBD can impact the performance of other medications, so those interested in trying it should first consult a doctor to learn more about potential interactions. Otherwise, CBD is relatively safe, she said, with the most common side effects being diarrhea and sleepiness.

Until stricter regulations, like requiring retailers to have CBD-specific licenses, are put in place this year, Kerver said there is little protecting consumers from bad actors. Still, there are some measures people can take to protect themselves while the Texas hemp industry is in limbo, starting with labels and vendors.

Pharmacies and health food stores are preferable to smoke shops and gas stations, according to Pittman.

“Avoid anything that has a pot leaf on it or that doesn’t look like a clean, medical product,” Pittman said.

Any reputable company will make test results easily accessible, and customers can use them to check THC content; trace amounts under 0.3% may still cause someone to test positive for marijuana on a drug test, Hurd said.

Buyers should also be wary of products that make any explicit health claims, which are considered illegal by the FDA. While retailers can say a particular CBD product helps alleviate a symptom, like difficulty sleeping, they can’t say it treats or cures a diagnosable condition, like insomnia, according to Pittman.

“That’s where we walk the fine line,” Kerver said. “We can’t say anything, but luckily we’ve been in business long enough to go, ‘I’ve got 10 customers, they all use this for sleep, and they’re all coming back for it for sleep, and they buy it every month for sleep, and they’re really happy with it.’”

Correction: An earlier version of this story incorrectly stated how Texas criminally classified hemp before the state’s hemp law was passed.

Disclosure: The Austin Chamber of Commerce has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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