Posted on

are cbd oils legal in texas

Confusion on the part of law enforcement has led to the wrongful arrests of some in possession of CBD or hemp even after the Texas law went into effect. Still, the policy change is an important step on the way to allowing Texans to partake without fear of reprisal, according to Lisa Pittman, a lawyer on the Texas Department of Agriculture’s industrial hemp advisory council.

The Torabis started with a pop-up store and expanded to a permanent location last April, a month before Texas law changed.

And because of lax labeling and licensing regulations, unsuspecting consumers may not actually know what they’re buying.

Booming business

In June, Gov. Greg Abbott signed a bill legalizing hemp and bringing state policy in line with federal law.

“No one wanted to touch [CBD]. No one wanted to talk about it. No one was interested in carrying this product in any sort of spa or retail space,” Kerver said.

Today, the market for CBD, or cannabidiol, is exploding. Stores are popping up across the state selling tinctures and topicals. It’s being mixed into smoothies and coffee at cafes. Spas are advertising CBD massages and therapies. And much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

“There’s been more media around it since Texas has come on board, definitely,” Kerver said. “Texans are becoming more educated about it and much more open to it.”

The Texas Department of Agriculture (TDA) approved the proposed State Hemp Plan in January 2020, and the rules and regulations for the cultivation and licensing of hemp growers, processors, and manufacturers have been added to the Texas Administrative Code.

See also  hemp oil tincture 1000mg

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. The Texas Compassionate Use Act legalized CBD with .5% THC or less for patients with:

Licensing requirements for CBD

Patients with qualifying conditions may apply for a medical CBD card though the Texas Compassionate Use Program.

The Hemp Farming Act of 2018 legalized hemp cultivation and created a legal distinction between hemp and marijuana. Hemp is cannabis that contains less than .3% THC by weight, and marijuana contains more than .3% THC. Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from marijuana, still a Schedule I substance, is considered federally illegal. While hemp is now considered an agricultural commodity, it must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.

The Farm Bill also preserved the power of the Food and Drug Administration (FDA) to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. The FDA maintains that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has begun a process of reevaluating its position on such CBD products, but it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to claims that could be construed as medical advice about CBD.

See also  cbd for dogs pain

Possession of CBD is legal in Texas, as long as it falls under the .3% THC threshold. The Texas CBD medical program allows CBD with .5% THC for patients with a medical card.