What Are The Legal Considerations For CBD Oil In Texas?
Is CBD Oil Legal In Texas?
What Is CBD?
CBD is an abbreviation for cannabidiol. It is a cannabinoid contained in cannabis that is not intoxicating. Cannabidiol is the plant’s second most prevalent cannabinoid after tetrahydrocannabinol (THC). It may have anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressive activities. CBD may be obtained from either marijuana or hemp plants.
With the adoption of House Bill 1325 in June 2019, Texas removed cannabidiol (CBD) containing.3 percent or less THC off its Schedule I prohibited drugs list. As a result, licensed stores may sell hemp products containing CBD if the THC content is under the legal limit. The state enables patients with certain qualifying ailments to utilize additional CBD-containing medicinal formulations, and more criteria are being considered.
On April 5, 2019, the Texas Department of State Health Services formally removed CBD from the Schedule I banned drugs list, after the passage of the 2018 Hemp Farming Bill, which removed CBD from the category nationwide. Republican Gov. Greg Abbott signed House Bill 1325 on June 10, 2019, establishing comprehensive laws for hemp production, growing, and testing. The law aimed to develop standards that corresponded to the federal definition of hemp-derived CBD products.
In Texas, patients must go through a thorough medical process that is only open to persons with serious conditions. The Texas Compassionate Use Act allowed CBD with.5% THC or less for those suffering from:
- Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
- Autism
- Incurable neurodegenerative disorders
- Spasticity
- Intractable epilepsy
- Seizure disorders
- Multiple sclerosis
- Terminal cancer
More incurable neurodegenerative illnesses may be added to the list when the Texas Health and Human Services Commission establishes guidelines on qualifying conditions. GW Epidiolex is the only CBD product that has been authorized by the FDA at this moment.
Licensing requirements for CBD in Texas:
- Patients who meet the criteria can apply for a medicinal CBD card through the Texas Compassionate Use Program.
- The proposed State Hemp Plan was authorized by the Texas Department of Agriculture (TDA) in January 2020, and the rules and regulations for hemp production and licensing of hemp producers, processors, and manufacturers have been added to the Texas Administrative Code.
- The Texas Department of Agriculture website has applications for hemp production, and interested candidates are advised to contact local TDA regional office.
- Consumable hemp products in Texas comprise foods, pharmaceuticals, gadgets, or cosmetics using industrial hemp or hemp-derived cannabinoids, such as CBD, with no more than 0.3 percent THC. The state of Texas Department of State Health Services (DSHS) is creating a registration process for retailers to sell consumable hemp products with CBD.
CBD possession limits in Texas:
Possession of CBD is permitted in Texas as long as it contains less than.3% THC. For those with a medical card, the Texas CBD medical program authorizes CBD with.5% THC. If a patient possesses CBD that includes more than.3% THC, they may risk felony charges for cannabis or THC oil possession. A conviction involves a term of 180 days to two years in prison as well as a $10,000 fine. Learn more about the penalties for marijuana possession in Texas.
