December 29, 2020 6 min read

A map showing Texas and surrounding states

The 2018 Farm Bill officially legalized hemp-derived products across the nation, but every state was in charge of regulating CBD on their own turf. As of now, most states have approved some form of a hemp pilot program to distribute licenses to grow and manufacture hemp.

Still, understanding hemp consumer laws isn’t always straightforward, especially in states that haven't always been so cannabis-friendly, like Texas. So, is CBD legal in Texas? And if so, where can you buy it?

Thankfully, yes, CBD is legal in Texas, but there are some restrictions regarding the type of CBD products you can buy and possess. Here’s how Texas CBD laws break down:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Texas?
Is full spectrum CBD legal in Texas?
Does Texas have a CBD possession limit?
Do you need a prescription for CBD in Texas?
Where to buy CBD in Texas?
How old do you have to be to buy CBD in Texas?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

Texas updated legislation to approve hemp farming and manufacturing after the 2018 Farm Bill became law. The state also removed hemp, and therefore CBD, from it’s controlled substances list, legalizing CBD in the state.

You do not need a prescription, but CBD products with more than 0.3% THC are only available as part of the state’s heavily restricted medical program.

There are no age limits for buying CBD, and CBD products may be accessible across the state. However, the state has banned smokable products, like hemp flower.

Texas imposes some regulations that affect growers, manufacturers, and sellers, but there are not many regulations regarding hemp testing for quality, purity, and safety.

Shopping online may give you better oversight of brand quality, and many online CBD brands ship legal CBD products to Texas to buyers aged 18 and up.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Two bottles of CBD oil, a legal and accessible option in Texas.

What are the CBD laws in Texas?

Following the 2018 Farm Bill, Texas passed updated legislation that removed hemp and it's extracts from the controlled substances list.

In mid-June of 2019, Governor Greg Abbott signed HB 1325 into law. This new bill laid the bones for new hemp legislation in the state and established some loose regulations for hemp agriculture, manufacturing, and sales. As a result, CBD products with less than 0.3% THC are now legal in the state.

This bill also enabled the Texas Department of Agriculture to work with the

Department of State Health Services to create new hemp rules and regulations as needed

On Aug 2, the state began enforcing a new law—smokable hemp products were prohibited. Similar laws can be observed in a handful of other states, like North Carolina, Arkansas, Iowa, and Georgia.

To date, the state has no clear ban on CBD food or supplements. That means consumers can access consumable and topical CBD products that are made according to legal guidelines in Texas, with the exception of raw hemp flower and vaporizers.

Is full spectrum CBD legal in Texas?

It’s easy to assume that CBD isolate, which contains no THC, is legal in most places. Laws surrounding full spectrum products that contain some amount of THC are not always so clear. Texas law allows for CBD products to contain up to 0.3% THC, which means full spectrum CBD products are legal in the state.

Does Texas have a CBD possession limit?

Texas laws do not define any possession limits for products that meet the legal requirements for hemp. Smokable hemp products, like flower and vaporizers, are prohibited in the state. CBD products that contain more than 0.3% THC are considered cannabis products, which are only legal for qualifying patients. These types of products are subject to different regulations and possession limits.

Do you need a prescription for CBD in Texas?

There is no need for a prescription to access CBD products in Texas. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

The exception is for CBD products with more than 0.3% THC, which are considered cannabis products by the state. Cannabis products are generally illegal, but may be accessible through the state’s medical cannabis program for qualifying patients.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Texas?

A handful of CBD capsules, which can be found in Texas stores and online.

Texas does not impose many strict regulations regarding CBD sales, which may make it easy to find CBD in stores and grocery markets across the state. However, these relaxed regulations fail to impose testing requirements to ensure safety and purity. It’s important for consumers to do their research before buying CBD in Texas.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

How old do you have to be to buy CBD in Texas?

In theory, CBD should be accessible to people of all ages, especially since it originally gained popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

CBD age limits are mostly undefined, even by federal law. Texas does not impose any age restrictions for buying CBD products, but there may still be limitations.

Generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it's possible that most CBD vendors will require buyers to meet this minimum age requirement as well.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Texas.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Texas, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “HB 1325” https://legiscan.com/TX/text/HB1325/id/2026154
  3. “Texas Department of Agriculture Hemp Regulations” https://www.texasagriculture.gov/regulatoryprograms/hemp.aspx

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