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Is CBD Legal in Texas?

By: Author Jeff Campbell

Posted on Last updated:

Categories cbd

CBD gets touted by people everywhere, from Joe Rogan to more mainstream sources such as. But many people still see it as controversial, and especially for those like me in Texas, they wonder is CBD legal in Texas?

Since I live here, I decided to check it out:

CBD oil is legal in Texas as of 2019, but only if the THC presence is under .3%. Over .3% and the oil could be considered an illegal drug and carry a felony drug charge.

But that’s just a quick answer.

After all, not all CBD is THC-free. So which brands are legal, what are the limits or restrictions, and how can you be sure that what you’re buying is legal?

And do you have to see a pharmacist to get it? And what about hemp? Is that different?

You’ve got questions about CBD in Texas, I’ve got answers!

Where is CBD Oil Legal in Texas?

CBD is technically legal everywhere in the state of Texas, thanks to the 2019 bill that Texas Governor Greg Abbott signed into law. It allows hemp to be grown for CBD, but it also allows the sale of CBD oil without a prescription, as long as there is less than 0.3% THC.

Now, just because it was signed into law recently doesn’t mean the industry crops up overnight.

With every law comes regulation and oversight. So licenses are being issues and regulatory agencies being staffed. So right now you’ll mostly find CBD available online or sold in small boutique shops.

Heck, you can’t even find it (yet) on Amazon.

But before long, CBD stores will be found all across Texas and every other state. CBD comes from the cannabis plant, just like marijuana, but the CBD is extracted and separated from the THC.

Hemp, just in case you were confused, is a close cousin to the cannabis plant but contains little to no CBD, and little to no THC. That’s why it is primarily used for paper or clothing, although you do see some brands of hemp oil; just don’t expect CBD benefits from hemp oil.

Then, of course, you’ve also probably heard of Delta 8.

But what is Delta 8 and what are the benefits of Delta 8? Delta 8 THC is short for delta-8-tetrahydrocannabinol. It is milder with fewer psychoactive effects, making it the perfect introduction for someone new to the cannabis world.

Will You Be Prosecuted for Possession of CBD Oil?

CBD oil containing any amount of THC over .3% is considered a felony drug charge. And in Texas, most labs can only test for the presence of THC and not the amount of it.

So the short answer is to be careful.

While it is technically legal, there are some brands that may be over the .3% limit of THC, and there could be some small-town cops who don’t have access to a lab to check the percentage who could get a little overzealous.

So be careful where you buy it, and exercise caution if traveling with it.

What Can CBD Oil be Prescribed for in Texas?

As of 2019, CBD no longer requires a prescription. However, the primary symptoms that CBD was prescribed to treat include:

  • epilepsy seizures
  • Pain relief
  • Stress and anxiety
  • Acme treatment
  • Heart-health
  • Substance abuse treatment

But those are just a few of the ways CBD can benefit people.

After all, CBD is still pretty new on the market, still working it’s way through misconceptions and the legal system, and not even approved (yet) by the FDA.

So all that is to say that not enough testing has been done to discover all of the amazing benefits CBD has to offer.

Can you drive if you have taken CBD oil?

Most commercially available CBD oil has less than .3% THC making it perfectly acceptable and legal to drive without risk of DUI.

However, if you are unsure of the THC content, it may be better to wait to drive until an hour or 2 has passed since taking the CBD oil.

The last thing you want is to use a dropper or 2, get pulled over, and hauled off to jail!

Final thoughts

In this article, we demystified CBD.

Many people naturally associate it with weed, not realizing that CBD is primarily sold without THC, the chemical in weed that creates the high.

So we looked at the legality in Texas, answered all the top questions and gave you all the details so you can buy it with confidence!

Jeff Campbell
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