CBD Law in Texas in 2019 – The CBGenius Definitive Guide

With nearly 30 million residents, Texas is the second-largest state in the Union, and it has a significantly larger population than the entire country of Australia. Texas is also one of the most diverse states in the nation both culturally and topographically, and in many ways, Texas serves as the laboratory of American culture in the 21st century much as California did during the 20th.

A strange mix of boldly progressive and solidly conservative policies make up the body of law in Texas, and CBD has taken an unpredictable path toward legalization in this culturally divided state. In 2019, however, Texas residents who use cannabidiol can finally breathe a sigh of relief; new legislation has passed that makes CBD more legal in Texas than it has ever been before. Join me as we dive into the legal complexities surrounding CBD in Texas and how things are looking up for cannabidiol users in the Lone Star State.

DISCLAIMER: The contents of this page are not meant to constitute legal advice. As CBD producers, we are prohibited from making definitive statements on the legality of CBD in Texas or any other state or U.S. territory. The purpose of this article is simply to provide information on CBD legislation in the state of Texas, not to make statements regarding the legality of CBD in this U.S. state.

Can You Buy CBD Oil in Texas?

CBD products are sold in hundreds of different retail stores in Texas. While niche retailers like natural food stores and vape shops have sold CBD in this state for a number of years, a wide variety of major retailers are also now bringing CBD products to the shelves of their Texas stores.

Additionally, many Texas residents purchase CBD online on websites like CBGenius.net. The online CBD commerce sector is becoming exponentially larger by the year, and as fulfillment technology becomes more reliable and sophisticated, a greater number of consumers are turning to online shopping for all their product needs. The convergence of the growing popularity of CBD in general and the increasing consumer reliance on online shopping is propelling web-based CBD commerce to previously undreamed-of heights.

From the mountains to the beaches to the desert, people across Texas are buying CBD in droves, and legal action against consumers is minimal to nonexistent. In the past, Texas residents who used CBD had reason to be concerned due to the confusing regulatory status of this Cannabis sativa derivative in the Lone Star State. New legislation, however, has altered the legal status of CBD on both the state and federal levels to such a degree that even more Texans are buying CBD online and in stores than ever before.

View of highway in Texas Hill Country
From the hills to the plains, CBD culture is changing in Texas

The Evolving Face of CBD Hemp Laws in Texas

As a traditionally conservative state, Texas law has been highly antithetical to the use and sale of any Cannabis sativa derivatives such as marijuana and hemp. In 2015, however, Texas effected a new law allowing the use of CBD for certain types of intractable epilepsy. On the other hand, a brief read-through of this law makes it clear just how much the national conversation surrounding CBD has changed in the last few years.

Known as the Texas Compassionate Use Act, this legislation gave the green light to Texas residents who wanted to use “low-THC cannabis” for the treatment of epilepsy. People who wanted to use CBD for this purpose, however, were forced to work with state-verified physicians to get access to cannabidiol products. At the same time, however, other Texans were getting their CBD online without having to jump through any hoops or facing any legal repercussions.

The Compassionate Use Act was a step in the right direction, and it showed that Texas was taking proactive measures to embrace the potential benefits of CBD. It rapidly became clear, however, that this tightly-controlled program was doomed to failure and that Texas legislators would need to work quickly to effect some degree of control over CBD commerce in their state, which was quickly being monopolized by producers that weren’t compliant with Texas law.

House Bill 1325 Changed Everything

In early 2019, Republican Texas State Representative Stephanie Klick introduced House Bill 1325, which proposed radical changes to the current state of Texas hemp and CBD law. In addition to starting a state-sanctioned hemp cultivation program, this legislation also proposed to add new legal protections to the sale of cannabidiol products containing less than 0.3% THC within state lines.

HB 1325 was largely based on the U.S. Hemp Roundtable’s Model State Act, which this hemp advocacy organization has been suggesting state legislators use when developing their CBD and hemp legislation. These efforts by the U.S. Hemp Roundtable are helping states around the country standardize their CBD laws and come into compliance with federal legislation.

Retailers of CBD-rich hemp products are now required to register with the Texas Department of Health, but that’s the only relevant restriction on the sale of CBD that remains in place in the state. While HB 1325 laid the groundwork for a state-wide hemp cultivation program, organizing an agricultural endeavor of this size takes time, and Texas officials don’t expect this hemp production program to come into effect until 2020 at the earliest.

Nug and Marijuana Oil on Plate
Is CBD flower legal in Texas?

What About CBD Flower Laws in Texas?

HB 1325 establishes new laws relating to both hemp and hemp-derived products. CBD-rich hemp flower is one of the simplest types of CBD products on the market, but it’s still considered to be a hemp-derived product instead of being analogous with hemp itself. Since both hemp and hemp-derived products are subject to the same legal definition in Texas, however, this is largely a moot point. If other CBD products are legal in Texas, CBD flower is legal in Texas as well.

Whether it’s in flower or any other form, however, keep in mind that CBD products must contain less than 0.3% THC to be treated as hemp in this state. Any CBD products containing more than that amount of THC are considered marijuana products instead, and both the Texas and federal Controlled Substances Acts (CSAs) consider marijuana to be a Schedule I illegal drug.

While state-registered CBD product retailers can only sell CBD flower with less than 0.3% THC, retailers within the fledgling Texas medical marijuana program are not subject to the same restrictions. Therefore, CBD flower isn’t necessarily legal in Texas just because it contains CBD; if it contains more than the allowed concentration of THC, you might find yourself on the wrong side of the law. You may have already heard about the potential benefits of CBD flower, but if you want to make sure you don’t end up in possession of marijuana, always buy CBD flower from producers that provide lab reports demonstrating that their products contain less than 0.3% THC.

How Do Federal CBD Laws Figure into the Equation?

If you get the feeling that states are passing legislation to provide legal protections for CBD at a faster pace than ever before, you aren’t imagining things. Over the course of the last nine months, the face of the national CBD industry has changed quite dramatically due to the trickle-down effects of a momentous piece of legislation: The Agriculture Improvement Act of 2018.

Also known as the 2018 Farm Bill, this federal legislation granted more legal protections to CBD than this cannabinoid has ever enjoyed. While the changes to hemp and CBD laws that have come into effect due to the 2018 Farm Bill are numerous, the most important among them is arguably the redefinition of CBD under the federal Controlled Substances Act.

Up until the passage of the 2018 Farm Bill, cannabidiol was, by default, considered to be a constituent of marijuana, which remains an illegal drug. This legislation, however, removed CBD from the DEA’s definition of marijuana, which means that CBD is no longer considered to be an illegal drug.

A layman might look at this situation and think that winning the battle means we’ve won the war. However, CBD is still far from being a substance you can produce any way you want. The 2018 Farm Bill effectively helped CBD take its first steps out of the regulatory darkness and into the light of thorough FDA regulation. The closer that CBD comes to becoming a mainstream substance, the more FDA scrutiny cannabidiol producers will face, and at present, this federal regulatory body doesn’t know whether it should regulate CBD as a supplement, over-the-counter (OTC) drug, or limit its access to patients who have been prescribed CBD by a doctor.

Essentially, the 2018 Farm Bill simply opened the door for CBD on its journey to becoming a completely destigmatized substance. It’s up to us in the CBD industry to guide this remarkable compound through the arduous journey that lies before it.

Legal precedent indicates that Texas law does not supersede federal legislation on the topic of CBD. Even if the state of Texas, therefore, says that it’s okay to sell CBD anywhere with or without testing regardless of its regulatory classification, that position doesn’t overrule the FDA’s classification of CBD as a “new drug,” which is a term that refers to any substance currently being researched for medical potential that has not yet been fully regulated.

By making CBD legal for sale within state lines, therefore, legislators in Texas are merely carving out room for the FDA to have its final say on the regulatory status of CBD. While CBD has mostly escaped its legal gray area, this substance still exists in a regulatory gray area.

The FDA has indicated that it is speeding up the CBD regulation process, and recent warning letters targeted at major publicly-traded CBD companies like Curaleaf seem to indicate that this federal agency is putting its money where its mouth is. By passing HB 1325, Texas is signaling that it is in compliance with the 2018 Farm Bill, but its opinion on the legality of CBD sales does not supersede any existing or forthcoming FDA regulatory action on the subject of cannabidiol.

Government official walking through a field
Who regulates hemp in Texas?

How Are CBD Sales in Texas Regulated?

At the time of the passage of HB 1325, the state’s fledgling CBD retail industry was not regulated. Only CBD that fell under the legal purview of the Compassionate Use Act was regulated by the state, and the CBD used in this program was only available with a doctor’s prescription.

After this bill was passed in June of 2019, however, CBD retailers were given 60 days to submit applications to the Texas Department of Health. These applications register businesses as being involved in the sale of products derived from CBD-rich hemp, and the main purpose of this measure is to give Texas officials an idea of who is selling CBD within state lines.

Essentially, the Texas Department of Health has state-level purview over the sale of CBD products within Texas, and the Texas Department of Agriculture has state-level purview over the planned Texas hemp cultivation program. These two agencies work in tandem with each other to enforce the hemp and CBD-related stipulations of HB 1325 and do their best to bring the Texas CBD industry into compliance with ever-changing federal CBD laws.

How to Buy CBD Oil in TX

While it’s true that CBD law in Texas remains confusing, it’s also the case that there’s never been a better time to buy CBD in the Lone Star State. CBD law remains in flux in Texas, but at the same time, cannabidiol and hemp have been awarded unprecedented legal protections that are serving to both legitimize and accelerate the growth of the CBD industry within this state.

Texas residents have been buying CBD online for years, but with the passage of the 2018 Farm Bill and HB 1325, they have far less to fear when they choose to have CBD delivered to their doors. While buying online remains the best way to purchase CBD in Texas, we’ll cover a few of the options that you have at your disposal below:

1. From Local CBD Retailers

Quite a few retailers in Texas already carried CBD products before the passage of HB 1325, but even more shops have gotten on board the CBD bandwagon in recent months. It’s now not uncommon to see CBD products on the shelves of major grocery store and pharmacy chain locations, and plenty of mom-and-pop retailers throughout the state also sell a wide variety of different kinds of CBD products.

When you get your CBD from a local retailer, however, it’s often hard to get the information you need to make an informed purchase. Even if you’re able to look up the CBD brand you find at a local store, there’s no guarantee that the brand you found will provide the information you need to make the right decision.

No matter how large the local store you go to in search of CBD products may be, it’s also important to point out that nothing can beat the product diversity you can find on the internet. When you have thousands of brands at your disposal instead of just a few, it’s easier to make educated and effective purchasing decisions.

2. From Medical Marijuana Dispensaries

Texas has a relatively limited medical marijuana industry that is only accessible to patients who have certain medical conditions. Even if you’re able to get a medical card and access the CBD products that are available at Texas medical marijuana dispensaries, there’s no guarantee that you’ll be able to find a product that won’t get you high. Most CBD products sold at medical marijuana dispensaries also have high levels of THC, and products with less than 0.3 percent THC are almost unheard of within these state-sanctioned facilities.

Perhaps more importantly, there’s usually no way to independently verify the amount of CBD and THC present in medical marijuana products. You generally just have to take the shop operator’s word for it, and the majority of the brands that sell their products to medical marijuana dispensaries are local, which means that they may not have sufficient capital to expend on product quality and testing.

3. Online at CBGenius.net

Buying CBD online is the savviest choice that consumers can make given the continuingly volatile state of the CBD industry. Since they’re exposed to a national audience, online CBD companies usually have the working capital necessary to create great products, and these companies also commonly post detailed product information that you can use to make an educated purchase.

When you take to the internet in search of CBD, you have thousands of options at your disposal, and you gain access to endless troves of CBD product reviews, testimonials, and other user-generated information that provides more value than brand-generated marketing material ever could. After you make your online CBD purchase here at CBGenius.net, make sure to leave a review to share your experience with others!

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CBD in Texas Law: The Bottom Line

Is CBD legal in Texas, or is it illegal? Pertinent regulations prohibit us from definitively answering that question, and as you can now see, the legal status of CBD is too complicated to be painted in such broad strokes. While CBD is far more legal in Texas than it was at this time last year, we still have a long way to go until the regulatory status of CBD is fully settled in Texas and around the country.

As our national odyssey with CBD continues, keep relying on CBGenius as your premier source of cannabidiol intel and high-end CBD products. As the brainchild of one of the world’s most acclaimed cannabis scientists, CBGenius lends a degree of scientific reliability to the CBD industry that’s severely lacking in today’s “Wild West” cannabidiol boom, and as a CBD writer, I’ll always do my best to deliver the straight facts without any spin. Don’t hesitate to reach out if you have any questions, and if you’re a Texas resident, we’d love to hear all about your personal adventure with CBD!