Texas is one of those states in the U.S that has displayed a stubborn and hard-nosed attitude towards the use and sale of CBD oil. However, as of March 2019, hemp-based CBD products are officially legal in Texas, thanks to the law that Governor Greg Abbott signed. As long as the products contain less than 0.3% THC – the compound responsible for making users high – CBD products are completely legal to consume. Now, the question is where to buy CBD oil in Texas?
When the federal government decided to legalize industrial hemp late last year, it opened the door to a lot more businesses selling hemp-derived CBD oil. The 2018 Farm Bill that was passed by President Trump in December last year states that zero-THC CBD oil is legal to use and sell in all 50 states of the U.S.
The bill declassified hemp as a schedule 1 substance, as long as the end product contains less than 0.3% THC. Hemp has now been categorized as “agricultural commodities.” This new law is what prompted Governor Greg Abbott to make a preemptive move towards the same goal.
It’s important to note that Texas is still ranked as one of the strictest states in terms of cannabis and CBD laws. Marijuana-derived CBD oil is currently only legal in ten states, and Texas is not one of them. However, hemp-derived CBD oil is legal in all 50 American states.
Specific Cannabis Laws in Texas
To give you a better understanding of the specific legalities surrounding cannabis laws in Texas, we have broken them down here.
Rescheduling of CBD
In September 2018, the Drug Enforcement Administration declassified only some CBD products as a schedule 1 substance and had them rescheduled as a schedule 5 substance, allowing doctors to prescribe it to patients. This includes Epidiolex, which is used for treating two specific types of epilepsy.
Prior to this, doctors could recommend the plant but weren’t allowed to prescribe it as a drug. Now, patients can obtain CBD directly from drug stores if they have a prescription, instead of from a marijuana dispensary, which was the case earlier.
However, schedule 5 drugs are still considered to be illegal if they aren’t prescribed. But despite this restriction, many retailers continue to sell CBD oil openly. In fact, more outlets continue to spring up. Besides, online stores are able to mail these products across Texas since it’s legal in most other states across the U.S.
Which Form of CBD is Legal in Texas?
Certain provisions have been implemented for CBD to be bought and sold legally and freely in Texas. For CBD to be considered a schedule 5 drug and not schedule 1, the CBD extract must meet the following provisions:
- The CBD must be hemp-derived. Marijuana-derived CBD contains higher levels of THC.
- The hemp is required to contain less than 0.3% THC. These low levels of THC have a negligible impact on humans.
- The hemp must adhere to shared state-federal regulations. Each state has different cannabis laws.
- The hemp should be grown by a licensed grower. Texas House is set to legalize hemp production in the state.
If these conditions aren’t met, then the CBD is considered to be a schedule 1 substance, which will make it completely illegal in Texas. In other words, not even a doctor can prescribe it.
Texas Cannabis Laws as of 2019
The bill signed by Gov. Greg Abbott has set in motion a process for creating state regulations around the production and monitoring of the plant. However, regulations are still months away, and experts are stressing the concept of “buyer beware.” In other words, make sure that you are purchasing legitimate products from a reputable brand.
Just because the bill has been signed, it doesn’t mean that, just like that, everything snaps into place. It’s a long process, and we are likely to see many more advancements and changes or clarifications regarding cannabis laws in Texas over the next few months.
Where to Buy CBD Oil in Texas
When the Compassionate Use Act was passed in 2015, the Department of Public Safety was required to provide licenses to three dispensaries by September of 2017. These dispensaries are: Compassionate Cultivation, Cansortium Texas (doing business as Knox Medical), and Surterra Texas.
In 2017, the state’s first dispensary was opened by Cansortium Texas in Schulenberg, Texas. The dispensary, known as Knox Medical, isn’t a dispensary in the traditional sense, because it doesn’t have a storefront, but they do deliver. On February 1, 2018, they helped a six-year-old girl from central Texas to become the first person in Texas to receive a legal delivery of medical marijuana.
The state’s first walk-in dispensary, Compassionate Cultivation was opened just south of Austin on February 8. At this time, Compassionate Cultivation is the only dispensary that is open to the public.
Dispensaries in Texas may only sell cannabis in the form of CBD oil. Under no circumstances is smoking marijuana permitted in the state. Legally, only licensed dispensaries may grow it, and they may only do so under the intention to process it into the specified low THC-oil.
Purchasing CBD Oil Online
Of course, there is always the option to purchase your CBD oil online. There are a number of reputable stores online stores that sell and ship high-quality CBD oil to all 50 states. They are able to do so under the justification that zero-THC CBD oil is already legal according to federal law.
All companies that comply with the 2018 Farm Bill can ship their products anywhere in the United States. The bill differentiates industrial hemp from marijuana and permits the cultivation of hemp within the U.S. The law clearly states that industrial hemp is an agricultural commodity and not a federally scheduled controlled substance.
Companies that grow industrial hemp that contains less than 0.3% THC are in compliance with the law. The DEA has confirmed that CBD is legal if it’s produced from the non-psychoactive parts of the cannabis plant, because that part of the plant falls outside the Controlled Substance Act’s definition of marijuana.
Finding legitimate, legal CBD online stores involves doing plenty of research. You want to make sure that you find a company that sells high-quality and effective products. Some of the top brands on the market include Premium Jane, Purekana, Green Roads, and Charlotte’s Web.
Final Thoughts on CBD in Texas
While hemp-derived CBD oil is legal and obtainable in the state of Texas, it’s important to keep in mind that marijuana is still illegal. Hemp and marijuana are two versions of the same plant, but hemp contains less THC. Currently, there are only three dispensaries in all of Texas that are eligible to sell CBD oil, under the Compassionate Use Act. However, there’s always the option to buy CBD products online.