CBD Oil in Texas: Is CBD Legal in Texas?

Attention all you Texans out there: CBD oil was federally legalized back in 2018, which means CBD is legal in Texas. 

Mostly legal, that is. Sometimes working out the law isn’t quite as simple as you think. Here’s what you need to know about CBD oil if you live in Texas, are considering a visit to the Lone Star state, or are just CBD advocates.

Table of Contents

1. CBD: It’s federally legal
2. Texas vs. Cannabis
3. Is CBD oil legal in Texas?
4. What about hemp farming?
5. Can you ship CBD oil to Texas?
6. Texas Marijuana Laws

CBD: It’s federally legal

Let’s start with some good news. 

The 2018 Farm Bill made provisions for industrial hemp (hemp containing under 0.3% THC) legal nationwide. This bill came on the heels of earlier successes—in 2014, another Farm Bill created hemp “pilot programs,” allowing universities to cultivate hemp for research purposes. In other words, hemp has been partially legal for a long time, and fully legal since 2018. 

Here’s a similarly affirmative stance from the Texas Department of Agriculture: “The 2018 Farm Bill legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs. On June 10, 2019, House Bill 1325, was signed into law by Governor Greg Abbott.” HB 1325 authorizes the production, manufacturing, retail sale, and regulation of hemp-derived products. 

And all these legal changes include plenty of provisions for hemp-derived CBD. Indeed, CBD oils, edibles, and other products are now being freely sold throughout Texas.

Texas vs. Cannabis

If Texas has to overcome anything, it might just be a social stigma. Many of the state’s citizens aren’t exactly in favor of recreational cannabis. 

Why do we mention cannabis here? Because anti-cannabis stigmas have been affecting how the state deals with CBD. 

Well, with one CBD product in particular: hemp flower. Because it can be almost indistinguishable from THC-rich cannabis flower, Texas law enforcement isn’t a fan. 

And because law enforcement isn’t a fan, officials haven’t been either. In 2019, the Texas legislature passed a new law—almost like a Farm Bill amendment—to ban both the production and consumption of smokable hemp flower. Texas wasn’t alone in making this type of amendment, either; Indiana, North Carolina, and others have, too.

Interestingly enough, this law’s definition of smoking also creates a gray area for Texans who enjoy vaping. “‘Smoking’ means burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol,” states the new law. Check it out in its entirety here.

However, this law doesn’t seem to be enforced, so vaping is still safe legally.

Is CBD oil legal in Texas?

The Texas CBD oil market, on the other hand, is experiencing a persistent heyday. 

“Anyone can sell CBD in Texas,” attests the Texas Tribune, which is both good and bad. On the plus side, says one dispensary owner, “Texans are becoming more educated about [CBD] and much more open to it.” 

CBD oil is most prevalent in Lone Star cities like Austin and Dallas. Austin’s Chamber of Commerce estimates that at least 140 jobs have been created by city dispensaries. Most of these dispensaries contain all sorts of CBD products, including oils, tinctures, waxes, and edibles. Interestingly enough, many of them also contain smokable hemp flower. So far, the FDA has only gone after dispensaries making health claims. 

Texans can also legally order CBD oil online. Edibles can be ordered, too, although the FDA has ruled before that CBD edibles can’t be shipped over state lines because CBD is an “adulterant.”

What about hemp farming?

Hemp farming is also fully legal in Texas, though the smokable hemp we mentioned earlier is in a real gray zone. 

Transporting hemp in Texas can also be confusing—especially for farmers and transporters dealing with large volumes of hemp flower. One Texas man spent a month in jail waiting for the 3,500 pounds of hemp he was driving to New York to be lab tested. He was finally released when a federal lab confirmed the material was indeed hemp, not high-THC cannabis. 

Note to anyone Texans who’d like to carry hemp in their vehicle with them: consider bringing a lab test/COA along.   

Can you ship CBD oil to Texas?

Ordering CBD oil in Texas is easy. It can be legally shipped to any part of the state. As long as you have a mailbox, you’re good to go. Of all the ways to obtain CBD products in Texas, this is probably the most streamlined option. Plus, it gives you access to the nation’s best brands.

Your hometown CBD scene can be pretty awesome, too, of course.

Texas Marijuana Laws

Let’s also take a look at some of the marijuana laws in the state of Texas.

Is Marijuana Legal in Texas?

No, marijuana is still illegal in Texas, both to use and possess.

Possession of 4oz of marijuana or less is classified as a misdemeanor, while more than 4oz constitutes a felony.

Due to confusion and the inability to determine precise amounts of THC, marijuana prosecutions have dropped significantly since CBD and hemp were legalized in the state.

Efforts to legalize marijuana or reduce the current penalties for possession have not been fruitful.

Is Medical Marijuana Legal in Texas?

Medical marijuana is legal in Texas under the Texas Compassionate Use Act (TCUA).

Passed in 2015, the TCUA initially only allowed the use of medical marijuana for epilepsy.

However, in 2019, the Texas legislature passed a bill to expand the qualifying conditions, which now include:

• ALS
• Autism
• Epilepsy
• Multiple sclerosis
• Neurodegenerative disease
• Spasticity
• Terminal cancer

Medical marijuana in Texas is defined as low-THC, high CBD cannabis.