CBD Oil in Texas: What You Need To Know

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In the United States, the laws and regulations around cannabis and CBD are anything but straightforward. In fact, they can be pretty confusing. The laws differ from state to state, with some states legalizing cannabis entirely and others only legalizing hemp-derived CBD. But what about buying CBD in Texas? Is CBD legal in Texas, and is it possible to get high-quality CBD here?

In short, hemp-derived CBD is legal in Texas. Hemp can be grown here legally, and it’s legal to buy and sell CBD that comes from hemp plants. In fact, CBD is widely available here.

Here’s everything you need to know about buying CBD in Texas.

Federal regulations of CBD

Before we look at the laws on CBD in Texas, let’s look at what the national laws say about it.
The law differs from state to state, and there are different levels of legality: while some states have legalized cannabis completely, others have only legalized the use of medical cannabis - and in other states, CBD is prohibited.

Generally speaking, the law makes a distinction between cannabis and hemp. In quite a few countries and regions around the world, cannabis is not legal, but hemp is.

Biologically, there isn’t a real difference between hemp and cannabis plants. Plants are meant to be classified in a scientific way, and there isn’t a distinctive scientific difference between cannabis and hemp - which makes this a controversial issue. Cannabis and hemp come from the same genus of Cannabis plants.
Legally, though, they’re categorized according to how much tetrahydrocannabinol (THC) is in them. THC is the part of the plant that is intoxicating - meaning it’s what gets people high.

At a federal level, “hemp” is defined as a plant of the Cannabis variety that contains less than 0.3 percent THC. The 0.3 percent rule, though, is quite random - even the person who came up with the definition, Ernest Small, notes that it’s an arbitrary number in his book, “The Species Problem in Cannabis: Science & Semantics.”

Despite the fact that hemp can’t actually get you high because the THC levels are so low, hemp was classified as a schedule 1 drug since the 1970s, making it a controlled substance. While some people grew it illegally, the Drug Enforcement Agency didn’t actually prosecute anyone for selling hemp.

In December 2018, a new law was signed in, making hemp totally legal to grow and sell in the US. However, state-level laws are still catching up, and some states still forbid growing and selling hemp, while others - such as Colorado, New York, and California - have completely legalized cannabis.

Why is hemp relevant? CBD is often derived from hemp, although it can also be derived from cannabis. In countries and regions where cannabis is prohibited, it’s sometimes legal to sell and buy CBD that is derived from hemp plants. The laws on CBD usually depend on the laws on hemp.

So, at a federal level, CBD can be bought and sold - but individual states still have the power to decide whether or not hemp and CBD should be legal or not. If a state wants to allow the commercial cultivation of hemp, it has to submit a detailed plan to the United States Department of Agriculture (USDA) for approval.

The laws on CBD in Texas

So, where exactly does Texas stand on CBD?

Up until recently, CBD was illegal in Texas. But in June 2019, Governor Greg Abbot signed in a law that legalized hemp. In January 2020, the USDA approved the state’s hemp cultivation plan (that is, their rules and regulations on growing hemp). These plans went into effect on March 11, 2020.This law means that hemp-derived CBD can now legally be bought and sold here. In fact, as the Texas Tribune reported, CBD oil is now easily available here - and business is booming for many Texas-based CBD companies. What this means is that buying CBD in Texas is now easy and accessible. Anybody can sell CBD in Texas - you don’t need a license or special permission to do so (although you do need a license to grow hemp itself).

If you live in Texas, you can also buy CBD online. What about cannabis? In Texas, it’s legal to use cannabis oil with a THC content of less than 0,5 percent for a limited number of conditions. These conditions include epilepsy, multiple sclerosis, Parkinson’s disease, and ALS. In other words, medical cannabis is only legal to use in Texas under very limited circumstances. At the moment, recreational cannabis is not legal in Texas. However, there is a growing movement to legalize cannabis throughout the US, so this might eventually change.

Safely Buying CBD in Texas

More and more CBD companies are being founded in Texas, which is great news. However, it’s important to be aware of the potential issues that come with buying CBD. Unfortunately, not all CBD is equal in quality.
CBD is not regulated by the Food and Drug Administration (FDA), which means that you don’t need the FDA’s approval before you make and sell it. Some companies market CBD products that actually contain little-to-no CBD. In fact, the FDA has issued several warning letters to companies for mislabeling their CBD products.

How do you avoid sub-par CBD products? Research, research, research. Legitimate CBD companies will have all their products tested by an independent lab, often described as “third-party tested.” You should be able to look at a company’s lab report on their website or request one via email. The lab report will confirm how much CBD the products contain, and whether there are traces of harmful substances like pesticides, mold, and heavy metals.

Thryv Organics is Dallas-based, and we source our CBD from organic hemp grown in the US. This makes it entirely legal. Our CBD is third-party tested by an independent lab to verify its quality. You can find our lab reports here.

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