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Legal percentage for cbd oil in texas

Is CBD Oil Legal in Texas? | Prosecution Depends on Location (2020)

People think since you can purchase CBD at almost any corner store in Texas, that it must be legal. Even elected district attorneys have different opinions about the legality of CBD oil in Texas. In this article we’re going to take a look at the circumstances under which CBD oil is legal and the arguments some prosecutors are making to charge individuals who possess CBD oil in Texas.

The cannabis plant contains over 100 cannabinoids. THC and CBD are the two most commonly discussed cannabinoids. Legislators at both the state and federal level have started recognizing the therapeutic value of CBD and CBD oils, although the legal landscape surrounding CBD oils is far from straightforward for Texans who want use it. Some of the confusion surrounding CBD stems from recent legalization at the federal level and very limited legalization in Texas.

Texas Governor Signs Law Legalizing Hemp Production, CBD

On June 10, 2019, Governor Greg Abbot signed a new law making CBD legal in Texas as long as it contains .3 percent or less THC. The law, which was House Bill 1325, went into effect on September 1, 2019, enacted the following:

  • Defined hemp under the Agriculture Code as the cannabis plant and all derivates, extracts, cannabinoid, isomers, etc. that has no more that 0.3 percent THC on a dry weight basis.
  • Required a memo of understanding between the Department of Agriculture and Department of State Health Services requiring DSHS to cooperate with the Department of Agriculture in developing a hemp production plan.
  • Amended the Health and Safety Code to specifically exclude hemp from being a controlled substance. It also specifically exclude THC found in hemp.
  • Excluded hemp from the definition of marijuana.

Will You Be Prosecuted for Possession of CBD Oil?

Whether you will be prosecuted for possession of CBD oil in Texas depends entirely upon where you are located. In North Texas, Denton County is not prosecuting CBD oil only cases, Dallas County is “not aggressively prosecuting” CBD oil cases, and the Collin County District Attorney is still deciding. Tarrant County, on the other hand, is prosecuting CBD oil cases. As we will discuss later, officials can chose to prosecute CBD oil that contains THC for Possession of a Penalty Group 2 Substance in Texas. While all elected prosecutors understand that theory of prosecution, the reality is that CBD oils usually contain less than .3 percent of THC, if they contain any at all.

Tarrant County’s position has been to prosecute cases with THC. Additionally, the First Assistant District Attorney recently stated to a local news organization that Tarrant County will prosecute possession of CBD oil not containing THC as a misdemeanor offense. (More on this later.)

Where is CBD Oil Legal in Texas?

CBD Oil is legal everywhere, as long as it falls under the .3 percent threshold.

Related Resources:

Is CBD Oil Illegal Federally?

CBD is no longer illegal under federal law. On January 1, 2019 – with the passage of the Agricultural Improvement Act of 2018 (also known as the Farm Bill Act) – it became legal to grow or possess hemp under federal law as long as it has less than .3 percent THC.

CBD oil is a derivative of the hemp plant, therefore making it legal under federal law as long as it has less than .3 percent THC.

It’s important to point out that cannabis products (hemp-derived or otherwise) marketed with a claim of therapeutic benefit must be approved by the FDA. (Source: FDA)

CBD Prosecution Texas

Prosecutors in some jurisdictions, like Tarrant County, will have CBD tested for the presence of THC. If there is any detectable amount of THC, they are filing these cases as Possession of a Controlled Substance – Penalty Group 2 under Texas Health and Safety Code 481.103 and 481.116.

Like marijuana, prosecution based on possession of CBD products in Texas is largely a function of where you are, not what you possess.

We made an open records request to the Tarrant County District Attorney asking for the number of CBD oil cases that were prosecuted by her office.

While we continue to analyze those numbers, we did obtain information from the Office of Court Administrations that shows the effect an elected District Attorney can have on the cases pursued by the office.

For example, prosecution of misdemeanor marijuana cases in Tarrant County has increased seven times the state average since the beginning of the current district attorney’s administration, exceeding even more conservative neighboring jurisdictions. Not to mention, both the Republican governor and the Texas Republican platform support decriminalization of marijuana.

CBD Oil as a Misdemeanor

The Texas Controlled Substances Act is codified under Texas Health and Safety Code Chapter 481. Health and Safety Code Section 481.032 says that the Commissioner of State Health Services is to set out what substances are deemed Controlled Substances in Texas under Schedules I through V. Chapter 481.034 retains the right for the legislature to remove substances from the Controlled Substance list. In May of 2017, the Texas Commissioner of the Department of State Health Services, Dr. John Hellerstedt, ordered “that the substance Marijuana Extract, meaning an extract containing on or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant) into Schedule I.Health and Safety Code Section 481.119(b) makes possession of a “controlled substance listed in a schedule by an action of the commissioner…but not listed in a penalty group” a Class B misdemeanor offense.

Theories for CBD Prosecution in Texas

Possession of CBD Oil is specifically distinguished from the possession of marijuana in Texas. Texas Health and Safety Code Section 481.002 excludes oils and resins from the definition of marijuana.

If you go through Chapter 481 of the Health and Safety Code, you will find substances like THC (Tetrahydrocannabinol) and dronabinol (synthetic marijuana). What you won’t find in Chapter 481 is “cannabidol.” You also won’t find any of the other descriptors of cannabidol found on the Open Chemistry Database maintained by the National Center for Biotechnology Information or in any penalty group in Texas.

As of May 2017, however, you will find the addition of “Marihuana Extract” in the Texas Register [PDF] (not the Health and Safety Code) by the order [PDF] of the Commissioner of the Department of State Health Services. That order is what the Tarrant County District Attorney is using as a basis to prosecute CBD oil possession cases at the misdemeanor level.

Prosecution of CBD Oil in Tarrant County

An NBC 5 investigation first brought the prosecution of CBD oil in Tarrant County to light. In an interview with NBC 5, the Tarrant County First Assistant District Attorney said Tarrant County is “going to enforce the law.” When he says that any amount of CBD oil is illegal – and a misdemeanor offense if it does not contain THC – the law he is referring to is not one passed by Texas legislators. Texas legislators have not specifically made cannibidiol a controlled substance. A medical doctor, who serves as the DSHS Commissioner, added cannibidiol to the list of controlled substances.

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After the NBC5 investigation broke and the interview aired, the elected District Attorney released a statement that she has “not spent and do[es] not expect to spend significant resources on cases involving CBD oil.”

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We are unaware of any other district attorney in Texas that is prosecuting misdemeanor CBD oil under this theory. According to the NBC 5 investigation, no other county in North Texas is prosecuting CBD oil possession as aggressively as Tarrant County.

Have Recent Amendments Made CBD Oil Legal?

Effective April 5, 2019, Dr. Hellerstedt amended the listing for marijuana and THC to fall in line with the federal Farm Bill Act. [PDF]

The changes are as follows: First, “[t]he term marihuana does not include hemp as defined in section 297 A( I) of the Agricultural Marketing Act of l 946.” Second, THC no longer includes THC contained in “hemp (as defined under section 297A( I) of the Agricultural Marketing Act of 1946)”However, “marijuana extract” still means “an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis other than the separated resin (whether crude or purified) obtained from the plant.”As a result, the April 5, 2019 amendment only added more confusion for citizens, law enforcement agents, and prosecutors across the state. Additionally, this amendment is not going to keep Tarrant County from continuing to file charges.

Felony Prosecution of CBD Oil in Tarrant County

In Tarrant County, if the CBD contains THC, the case is the filed as a felony as a Penalty Group 2 illegal substance. This penalty group is generally reserved for hallucinogens, their salts, isomers, and salts of isomers.

What most people don’t realize is the person charged with Possession of a Penalty Group 2 substance is charged with the entire weight of the substance, including “adulterants or dilutants.” In other words, a small eye dropper bottle of CBD oil with half an ounce of liquid could contain a second-degree felony amount of drugs. That means the person is facing 2 to 20 years in prison and up to a $10,000.

Individuals possessing CBD oil, which is sold and marketed as being free of any psychoactive ingredients, are being punished as though it were equivalent to PCP, MDMA, or Ecstasy, or other hallucinogenic Penalty Group 2 substances.

What is CBD Oil?

CBD is short for Cannabidiol. Like THC, it is one of 85 cannabinoids present in the cannabis plant. CBD Oil contains high levels of CBD and trace amounts of THC. The lack of high levels of THC makes CBD Oils non-psychoactive.

What is THC?

THC is short for Tetrahydrocannabinol. This is one of many chemical compounds found in cannabis. THC is responsible for the psychological and euphoric effects of the drug. In other words, it is what makes people feel “high” when they smoke or ingest marijuana.

How is CBD Different From THC?

The short answer is, unlike THC, CBD is not psychotropic. Consequently, it doesn’t result in a euphoric high the way THC does.

The longer answer is far more interesting. It is important to first distinguish marijuana from hemp. Scientifically, both marijuana and hemp come from the “cannabis sativa” plant, according to the USDA. Marijuana, though in the same scientific family as hemp, is a much smaller plant. Hemp, the taller and more fibrous version of the sativa plant has a long history in the United States. In fact, George Washington grew hemp on Mount Vernon.

Over years of breeding, the cannabis plant was developed to have high levels of THC. It is this breeding to elevate THC levels that has spurred the illegal marijuana market. Because CBD comes from an entirely different plant than marijuana, its chemical properties are different.

THC is found in large quantities in cannabis, or what most people think of as the marijuana plant. Unlike cannabis, or marijuana, hemp contains low concentrations of THC. CBD Oils are generally made from the hemp plant so they contain high levels of CBD and trace levels of THC. As a result, CBD provides a less controversial alternative to THC for health benefits.

What is the Compassionate Use Act?

In 2015, Governor Greg Abbott signed into law what’s known as the Texas Compassionate Use Act, which allows the use of CBD oils to treat seizures caused by intractable epilepsy. The Act legalizes oils containing CBD for treatment of epilepsy, as well as other chronic medical conditions for those who have not responded positively to use of federally approved medications.

The Act authorizes the Department of Public Safety to license dispensing organizations, which function similar to compounding pharmacies. Only neurologists and epileptologists are able to offer prescriptions for CBD oil. While the law was implemented in 2015, access to CBD was delayed until 2017 to allow for additional time to create a system to ensure that distribution is confined to genuine medical necessity along with a detailed registry identifying doctors and dispensaries.

Selling CBD Oils without FDA Approval

Under current federal law, unapproved sellers of CBD Oils who describe the medical benefits of CBD Oils should at the very least expect to get a Cease and Desist letter from the FDA with language along the lines of:

Your product is not generally recognized as safe and effective for the referenced uses and, therefore, the product is a “new drug” under section 201(p) of the Act [21 U.S.C. § 321(p)]. New drugs may not be legally introduced or delivered for introduction into interstate commerce without prior approval from the FDA, as described in section 505(a) of the Act [21 U.S.C. § 355(a)]; see also section 301(d) of the Act [21 U.S.C. § 331(d)]. FDA approves a new drug on the basis of scientific data submitted by a drug sponsor to demonstrate that the drug is safe and effective.

Furthermore, your product is offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners; therefore, adequate directions for use cannot be written so that a layperson can use this drug safely for its intended purposes. Thus, ______ is misbranded within the meaning of section 502(f)(1) of the Act, in that its labeling fails to bear adequate directions for use [21 U.S.C. § 352(f)(1)]. The introduction of a misbranded drug into interstate commerce is a violation of section 301(a) of the Act [21 U.S.C. § 331(a)].

What Can CBD Oil be Prescribed for in Texas?

Studies show CBD oil has promise in the following areas: anxiety relief, anti-seizure, and pain relief.

However, in Texas, the only approved treatment at this time or the reduction or elimination of seizures. Notably, Florida passed a similar law in 2014, but in 2016, voters amended the law to allow for full THC forms of cannabis for those suffering from a broader variety of medical conditions, such as PTSD, MS, cancer, and HIV. Texas does not allow CBD oil for Parkinson’s patients.

In May of 2017, the Texas Department of Public Safety awarded licenses to produce, process, and dispense CBD oil to three companies. These companies, Cansortium Texas, Compassionate Cultivation, and Surterra Texas, each pay a licensing fee in order to operate facilities to produce and dispense CBD oils under the Compassionate Use Act.

Are THC Oils and Waxes Legal in Texas?

No. As of August 2017, possessing THC oil is not only a crime but also considered a more serious crime than possessing marijuana in its traditional form. In Texas, it is a felony to possess THC oil or wax. The seriousness of the felony varies based on the amount of THC oil possessed. For example, possession of less than one gram of THC oil is a state jail felony that is punishable by six months to two years in a state jail facility and a fine of up to $10,000.

Possessing one to four grams of THC oil is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

Possession of four to 400 grams of THC oil or wax is a second-degree felony. In Texas, a second-degree felony is punishable by 2 to 20 years in prison and a fine of up to $10,000.

Finally, possession of more than 400 grams of THC oil or THC wax is classified as a first-degree felony. This is the most serious felony for which someone can be charged for possessing THC oil or wax. This crime is punishable by 5 to 99 years in prison and up to a $10,000 fine.

Changes in Texas Law

House Bill 2107 was brought during the 2017 legislative session with a number of vocal supporters. The bill sought to remove the “low THC” restriction and amend the law to allow for “medicinal marijuana.” It also sought to expand the types of conditions that can be treated with cannabis by including post-traumatic stress disorder and terminal cancer. Finally, the bill sought to modify the language, from requiring a doctor’s prescription to requiring a doctor’s recommendation. This change intended to address concerns about the legality of physicians prescribing something prohibited by federal law. Despite having 77 sponsors and co-sponsors, 29 of whom were Republican, the bill died in committee. Given strong support, as well as national trends, changes in Texas law are likely to occur in the future.

Contact Us

The complicated nature of the laws governing CBD oils makes the possession of CBD oil very defensible, especially if the CDB oil has no detectable amount of THC. If you have been arrested for an offense arising from the possession of CBD oil in North Texas, contact us at (817) 203-2220. You can also contact us online.

Where to Buy CBD Oil in Texas? Hemp Oil Laws & Legality (2022)

If you’re looking to buy CBD oil in Texas, you must pay attention to the source of your product. Although hemp-derived CBD oils are federally accepted, marijuana and its products are banned in the southern state and you can face hefty fines on top of jail time for carrying even small amounts of marijuana with you.

CBD has become one of the most wanted products in the world of wellness. It has an array of documented health benefits and people take it to alleviate a wide range of physical and mental health problems, such as anxiety, inflammation, pain, and neurological issues to name a few.

The easiest way to purchase high-quality CBD oil in Texas is through a reputable online store. Online retailers can offer better deals on CBD products than most local stores in Texas.

Where to Buy CBD Oil in Texas?

Hemp-derived CBD oil is federally legal and widely available over the counter in head shops, vape stores, and pharmacies. Your best chance of getting quality CBD oil at reasonable prices and making sure you act in compliance with Texas law is to find a reliable online store.

Below we explain why shopping for CBD online is so popular these days.

Benefits of Buying CBD Online

Buying CBD online is easier and more convenient than making local errands.

Online suppliers usually have a wider selection of products than local stores. You can choose from CBD oil, edibles, capsules, vapes, topicals, concentrates, and even products for pets. In-store vendors typically offer one or two types of CBD due to limited storage space.

It’s also easier to do a background check on any company. You can research their websites, read lab reports, check for user reviews, and reach out to experienced users on social media or forums for advice.

Not to mention that you can shop for CBD in the coziness of your home, without the need to drive around the city to find the right product.

The best part about shopping for CBD online is that it saves you money. Since online stores can avoid certain operational costs, they can offer better deals on their products. You can take advantage of bulk pricing, discounts, reward programs, and coupon codes.

Royal CBD – Full Spectrum

  • Made from locally grown organic hemp
  • Extracted with supercritical CO2
  • Infused with full-spectrum CBD
  • Available in 4 strengths and flavors
  • Up to 2500 mg of CBD per bottle
  • 3rd-party tested for potency and purity
  • Great Berry flavor
  • Sourced from US-grown organic hemp
  • Contains full-spectrum CBD
  • Up to 80 mg CBD/mL
  • Great potency range for beginners
  • Third-party tested for potency and purity
  • Great kiwi-honey flavor

Local Retailers in Texas

If you’re one of those people who need to head to a local store and touch the product or talk to the staff about your goals with CBD, we’ve compiled a list of local retailers in Texas. All of these places should be able to help you find the right product and answer your questions about using CBD.

CBD Stores in Dallas
  1. CBD Kratom
  2. 710 Vapors
  3. The Cherry Apothecary
CBD Stores in Houston
  1. American Shaman CBD
  2. VaporFi
  3. Houston CBD LLC
CBD Stores in Austin
  1. Phoenix Vapor Shop
  2. Restart CBD
  3. Austin Vape & Smoke
CBD Stores in San Antonio
  1. CBD Relief
  2. CBD Vape Smoke Shop Chevron
  3. CBD Relief

Let’s make sure you understand its legal status.

Is CBD Oil Legal in Texas?

The legal status of CBD in Texas varies depending on its source.

CBD can be extracted from hemp and marijuana plants, both of which share the same parent. What they do not share, however, is the chemical profile. In fact, hemp and marijuana have completely different cannabinoid ratios.

Marijuana is naturally high in THC, meaning that consuming marijuana-derived CBD oil can make you feel high.

Hemp contains only trace amounts of THC (up to 0.3%) and higher ratios of CBD. The chemical makeup of hemp makes it unable to get the user intoxicated.

How to Find Quality Products in Texas?

CBD is a rapidly growing market but it lacks regulation in terms of manufacturing standards and labeling. There are many brands selling high-quality products, but there’s no shortage of suppliers that don’t care much about what’s inside their products.

If you’re just getting started with CBD, it may be challenging to find the right product without trying at least a few different products. However, to minimize the error margin, we’ve prepared a cheat sheet for first-time buyers. If you follow them, you’ll save both time and money.

Looking for a risk-free way to try out CBD oil? Choose companies that offer some form of a money-back guarantee.

What You Need to Know About Buying CBD Oil in Texas

  • Organic hemp is the best source of CBD oil. Hemp plants efficiently absorb every substance from the soil and air they grow in, including the good and bad ones. The best material for producing CBD oil comes from organic, non-GMO hemp.
  • Choose CO2-extracted products. CO2 is by far the best method to produce CBD extracts. It doesn’t require additional heat or solvents, so it can provide pure and potent extracts. The equipment required to perform CO2 extraction isn’t cheap too, so it’s a sign that the company wants to invest in quality.
  • Full-spectrum CBD is superior to CBD isolate. Full-spectrum refers to products made with the entire plant. This process retains more valuable compounds in the end product, such as minor cannabinoids, terpenes, and flavonoids. These compounds amplify each other’s therapeutic effects, increasing the efficacy of CBD oil. This synergy is known as the “entourage effect.”
  • Only purchase from brands that provide lab-testing reports. Third-party laboratories will analyze the CBD content of the product to check if it matches the advertised concentration on the bottle. They will also look for common contaminants and unwanted additives, such as solvents, heavy metals, or pesticides. If a company doesn’t make the lab reports available on its website or on request, it’s a company to avoid.
  • Watch out for companies making outrageous claims about CBD. CBD is a wonderful supplement that can significantly improve your quality of life. However, it’s not going to cure any ailment overnight, so if you see a company making such claims, turn away and look for CBD oil elsewhere.

Below we explain how both plants are treated by Texas law.

Hemp CBD Oil in Texas

The US federal government removed hemp from the list of controlled substances in 2018 under the amended Farm Bill. Hemp is now legal to grow in all 50 states for purposes like clothing, paper, fuel, building materials, food, and health supplements such as CBD extracts.

As with many federal laws, individual states can decide whether they fully accept it or place their own regulations on the availability and labeling of CBD. The Texas government cleared the gray areas when Governor Greg Abbott introduced House Bill 132. The initiative legalized hemp farming and the sale of hemp-derived CBD products provided that they contain 0.3% THC or less.

However, there’s a catch with the Texas CBD law. Namely, the police use field tests that aren’t made to distinguish between marijuana-derived and hemp-derived CBD oil. This means that you can still get arrested for possession while your product is checked in a laboratory for THC content.

To avoid such complications, you should always purchase CBD oil that has a Certificate of Analysis from a third-party laboratory. It’s the only way to prove to the police that your product actually contains the federally accepted amount of THC.

Marijuana CBD Oil in Texas

Texas has one of the most severe marijuana laws in the United States. Marijuana remains illegal for recreational use, with heavy fines for simple possession. Getting busted with less than two ounces of marijuana can get you a $2,000 fine and up to 180 days in prison. Any amounts higher than that are punishable with 2-year jail time and can make you poorer by $10,000.

Can Doctors Prescribe CBD Oil in Texas?

Texas has a limited medical marijuana program for epilepsy patients. The program was accepted in 2015 under the Texas Compassionate Act. The bill allowed patients with severe and intractable epilepsy to buy low-THC CBD oil if a doctor prescribes it as a treatment. Then, a second doctor must examine your health and agree with the first one to prescribe this kind of medication.

As you can see, there aren’t many options when it comes to marijuana-derived CBD in Texas.

Fortunately, you can still get legal CBD oil in the state.

Summary: What’s the Best Place to Buy CBD Oil in Texas?

As you can see, the Texas CBD laws are complicated. Although the state doesn’t permit marijuana for recreational use — and has a very limited medical marijuana program — hemp-derived CBD is legal and you can easily find such products over the counter and online. Always make sure that your product has a Certificate of Analysis from a third-party laboratory to confirm its CBD content in case you got caught by the police.

Whether you decide to drive around your city in search of CBD oil or place an order with an online supplier, remember to always double-check the credibility of any company before you decide to hand your money out. There’s a large degree of difference between brands when it comes to quality, so make sure that your product matches the quality criteria mentioned in this article.

Nina Julia

Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.

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CBD Oil in Texas [The Practical Guide]

They say that everything is bigger in Texas. This is undoubtedly the case for cannabis and hemp law confusion.

We can tell you that cannabis and THC have been illegal in the state since 1931. Texas is taking steps towards creating an MMJ program, but the process will take time to implement.

The Texas Compassionate Use Act allows very limited access to low-THC cannabis oil.

The Texas Compassionate Use Act allows very limited access to low-THC cannabis oil, so technically, the state no longer completely prohibits marijuana.

There is better news about CBD, but it is only a recent development. This article attempts to strip away legal complexities and provide you with an up-to-date assessment of CBD oil legality in Texas.

Is It Legal to Use CBD Products in Texas?

More or less. In June 2019, Governor Abbott signed House Bill 1325. It legalized the cultivation of industrial hemp with a maximum THC level of 0.3%. More pertinently, HB 1325 allowed the possession and sale of hemp-derived products without the approval of a physician. The bill was an essential means of protecting CBD sellers and consumers in Texas.

HB 1325 didn’t expressly say that CBD oil was allowed in Texas in a strictly legal sense. Instead, it relates to hemp products containing a minimal THC level. However, until the new law, Texas was one of the few states that charged people for selling or possessing CBD.

In 2019, 71-year-old Lena Bartula was arrested for possession of CBD at Dallas/Fort Worth International Airport. The unfortunate artist spent a couple of nights in jail and faced a possible 20-year prison sentence. Thankfully, she was freed without charge.

Could I Face Legal Issues for Using CBD Oil in Texas?

For the most part, no. HB 1325 clearly states that Texans can purchase products derived from hemp with a maximum THC of 0.3%. One would hope this makes it easy to buy CBD across the state. Unfortunately, this isn’t necessarily the case. Most Texan counties have no intention of prosecuting possession of CBD oil, though there are exceptions.

One of the most notable is Tarrant County, which says it IS prosecuting CBD oil cases if the substance contains a detectable level of THC. However, the backlog on testing means the county had to drop hundreds of marijuana possession cases. Whether Tarrant County will continue on its quest is unclear.

Realistically though, no Texan county can prosecute someone for possessing hemp-derived CBD oil if it contains less than 0.3% THC.

However, having an up-to-date certificate of analysis (COA) can save you from trouble with the police. In Texas, they can technically arrest you for possession of cannabis while your product is tested for THC content. Given the delays in testing, you could theoretically spend some time in a jail cell. In reality, this is incredibly unlikely. Even so, some Texans may want the security of a COA in case they are stopped and searched.

Where Can I Buy CBD Oil in Texas?

There are plenty of physical stores that sell CBD, and many reputable online CBD brands ship their products directly to the doors of Texan customers. Nothing in Texas law prevents shipping CBD oil to the Lone Star State as long as these products have a maximum of 0.3% THC and come from hemp. We outline 10 of the best CBD brands at the end of this guide.

Here are five stores with stellar reputations that sell CBD oil in Texas, for the record.

Name of Store

3001 Knox St Suite 104, Dallas, TX 75205, United States

CBD American Shaman of Houston Heights

1241 W 11th St, Houston, TX 77008, United States

1345 Industrial St ste b, New Braunfels, TX 78130, United States

Phoenix Vapor Shop

911 W Anderson Ln #112, Austin, TX 78759, United States

VaporFi Houston CBD & Vape

8350 Westheimer Rd E, Houston, TX 77063, United States

What Are Texas’ Marijuana Laws?

In 2015, a Tea Party-backed conservative, David Simpson, surprised many by introducing a bill (HB 2165) to legalize cannabis in Texas fully. He made a religious case for his bill by saying: “I don’t believe that when God made marijuana, he made a mistake the government needs to fix.” Alas, HB 2165 didn’t receive enough support to make it out of the House.

In the same year, Governor Greg Abbott signed Senate Bill 339, also called the Texas Compassionate Use Act. It is so limited that it is not classified as a real MMJ program. It only permits low THC cannabis for individuals with intractable epilepsy and a handful of other conditions. The program has expanded to include other conditions such as:

  • Multiple sclerosis (MS)
  • Spasticity
  • Cancer
  • Amyotrophic lateral sclerosis (ALS)
  • Autism
  • Alzheimer’s disease
  • Parkinson’s disease
  • Huntington’s disease

As per the Texas state legislature, “low-THC cannabis” is defined as:

“…any part of [the Cannabis sativa L. plant] or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:

  1. Not more than 0.5 percent by weight of tetrahydrocannabinol (THC); and
  2. Not less than 10 percent by weight of cannabidiol (CBD).”

SB 339 effectively only allowed for CBD oil usage. The 2018 Farm Bill allows the cultivation of industrial hemp with a maximum of 0.3% THC. MMJ patients in Texas could only use products with 0.5% THC. The difference was hardly worth the extra effort.

A Minor Improvement

There has been a recent change to the MMJ law in Texas. House Bill 1535 came into effect in September 2021 and expanded the Compassionate Use Program. The maximum THC limit is now 1%, and individuals with any form of cancer or PTSD are eligible. While legislators in the House agreed to increase the THC limit to 5%, the Senate reduced it to 1%.

Therefore, it is still a case where people seeking MMJ in Texas are unlikely to proceed when they can get CBD oil relatively easily.

Tell the good from the bad…

In Texas, you must consult a doctor to use cannabis oil with up to 1% THC. If the doctor provides approval, you need to see a second physician. They must agree with the first one before you are added to the Compassionate Use Registry in Texas.

Also, patients must have tried at least two other medications that didn’t provide relief before applying for low-THC cannabis.

Thanks to HB 1325, getting CBD in Texas is pretty easy these days. There is no need to see a physician if you want CBD oil with 0.3% THC or less.

Marijuana Penalties in Texas

Unless you become a registered patient under the Texas Compassionate Act, you cannot consume CBD from marijuana. The possession of any amount is a misdemeanor and could result in a 180-day jail sentence. Indeed, the possession of over four ounces is a felony.

Growing up to 7 grams is a misdemeanor with a penalty of up to 180 days if cultivated for no remuneration. Otherwise, the crime could see you spend up to a year in prison. Growing more than this amount is a felony.

If charged with a cannabis offense, it is based on a substance’s entire weight, including adulterants and diluents.

If charged with a cannabis offense in Texas, it is based on a substance’s entire weight, including adulterants and diluents. Therefore, if you have a batch of marijuana brownies that weighs over five pounds, you could get charged with a first-degree felony and spend up to 10 years in prison. Also, if you share them with your friends, you could get an additional sentence for distributing an illegal drug!

Certain counties and municipalities have decriminalized cannabis, however. Check your local laws for more information.

Confusion Still Reigns

For years, residents of Texas were confused over whether CBD oil was legal in the state. The Farm Bill legalized hemp growing but not cannabinoids such as CBD.

In June 2019, Governor Abbott alleviated the confusion by signing HB 1325. At the time, Abbott said the bill didn’t mean cannabis would soon become legal. However, it may have unintentionally decriminalized the plant. Law enforcement has no reliable means of distinguishing between marijuana and hemp.

The bill ensures that testing is necessary to guarantee legal CBD oil. However, the requisite equipment is costly, and state labs have a huge backlog. Police officers don’t have the training to differentiate between hemp and weed. Therefore, there are many cases of wrongful arrests.

On the plus side, the state has also dropped or delayed hundreds of marijuana possession-related criminal offenses.

Final Thoughts on CBD Oil in Texas

Texas remains a state that has not acknowledged the possible therapeutic potential of cannabis. At present, the state only allows qualifying patients access to low-THC oil, capped at 1%. Also, only a handful of dispensaries can sell the low-THC/high-CBD oil as defined by the Texas Compassionate Use Act.

To qualify, you must:

  • Be a resident of Texas.
  • Have a qualifying condition.
  • Have not responded to a minimum of two FDA-approved medications for these conditions.
  • Receive approval from two separate doctors.

Fortunately, HB 1325 now permits residents to access hemp-derived CBD products with a maximum THC content of 0.3%. As a result, there is little point in getting medical CBD oil in Texas.

Thanks to this legislation, countless Texans can now purchase CBD products. There are hundreds of stores throughout the state, but you can also order the best CBD oil online.