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<\/p>\nWith a population of over 29 million people, Texas is the second largest state by population in the USA. It\u2019s no surprise that many people wonder whether CBD is legal in Texas, and if it\u2019s okay for them to receive CBD products in the state.<\/p>\n
We are now 4 years past the 2018 Federal Farm Bill, and the industry still has no clear regulatory pathway from the FDA or any other government agency. This has led to a sometimes confusing scenario in which CBD laws can vary from state to state. The law could be different immediately across a border, leading to unnecessary confusion for people who are traveling or moving.<\/p>\n
It\u2019s important to know what hemp products you can and cannot possess no matter where you are, so here we\u2019re going to cover some of the most common CBD legality questions as they relate to those of you living in or visiting Texas.<\/p>\n
In 2018, the Federal Farm Bill made growing hemp legal. It also cleared the path for legal CBD oil in Texas, as well as across the nation. The bill specifies that hemp products which contain 0.3% delta-9 THC or less are are now allowed by the federal government.<\/p>\n
Prior to this, any form of cannabis fell under the purview of the Controlled Substances Act. This included hemp. As a controlled substance, hemp was entirely illegal. Thankfully, the Farm Bill is a landmark legislation to which the CBD industry owes its continued existence.<\/p>\n
Unfortunately, some states have continued to impose stricter sanctions on hemp products. This will likely continue until a newer federal standard grants CBD the same approval as supplements and cosmetics.<\/p>\n
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There is hope on the horizon for this new law – a national standard that applies to CBD products. The 2023 version of the Farm Bill is currently working its way through the House Agriculture Subcommittee, with some notable changes that apply to the hemp industry.<\/p>\n
Historically, the 0.3% THC limit has been difficult to meet on maturing crops and has led to the destruction of entire harvests that were barely outside compliance. One aspect of this new bill increases the limit to either 0.7 or 1.0 percent.<\/p>\n
The final number is up for debate, but the higher limit will allow for less risky growing operations. Ideally, this will open the industry up to more farmers without the potential for losing their entire investments on crops that are fractions of a percent above the low 0.3% limit.<\/p>\n
One original provision for hemp testing was that the testing lab be DEA approved. While many labs across the country are ISO17025 certified, DEA approval is a separate, arduous, and not necessarily practical process.<\/p>\n
There is a distinct need for standardization in hemp product testing, and a mutually agreed upon industry standard would go a long way toward higher quality products. Currently, DEA approval doesn\u2019t do much to achieve this goal. For now, the 2023 Farm Bill hasn\u2019t set any of these standardization goals and that may take more time – and additional legislation – to accomplish.<\/p>\n
Another challenge for struggling hemp businesses is that most banks refuse to work with them due to the stigma surrounding hemp. The 2023 Farm Bill paves the way for a remedy by explicitly encouraging banks to do business with hemp clients without fear of DEA intervention.<\/p>\n
The FDA has held their stance for years: CBD is not, and can not be a supplement. Because they hold this position so adamantly, many physical stores are afraid to stock and sell CBD products. Multiple industry experts have directly blamed this uncertainty for causing slower growth of the industry. More recently, it even appears to be shrinking, by as much as 80% in some areas of the country.<\/p>\n
While it is still early and the 2023 Bill is nowhere close to finalization, there is hope that its co-sponsors will include legislation that forces the FDA to adopt a supplement standard for CBD. If it comes to fruition, this would finally allow CBD to have unrestricted growth while maintaining an established level of safety and quality.<\/p>\n
With the Federal landscape established, let\u2019s take a look at Texas specifically!<\/p>\n
Once the 2018 Farm Bill passed, Texas updated its state laws to mirror Federal policy. In doing this, they removed CBD from their controlled substances list. This change allows for both manufacturing and distribution in the state, and Texas is now home to many booming hemp companies and CBD businesses selling hemp derived CBD products.<\/p>\n
Interestingly enough, medical marijuana possession has been legal in Texas since 2015, when the Texas compassionate use act became law. Although this program has been around longer than its CBD counterpart, they aren\u2019t terribly different. Texas has a stipulation that allows for a maximum THC concentration of 1.0% in its medical programs.<\/p>\n
If the 2023 Farm Bill passes as planned, hemp products and compassionate use products would both be limited to the same 1 percent THC content, effectively handicapping the medical use licenses and offering them no advantages over hemp derived products.<\/p>\n
Texas still has no laws in place permitting recreational use of marijuana and considers it an illegal drug, despite historically high polling support for full federal legalization and accumulating research on potential health benefits.<\/p>\n
Finally, some positive news! CBD is in fact legal. Products with any CBD concentration are fully legal to make, sell, and own in Texas as long as they comply with the 0.3% THC limit written into the Farm Bill.<\/p>\n
There are a variety of different CBD products which include oils, gummies, topicals, capsules, and vapes. All of these finished products are legal to have, but there are some exceptions for specific product styles which we\u2019ll discuss further shortly.<\/p>\n
Delta 8 is a recently popular and highly controversial cannabinoid. It is one of the most popular hemp products for smoking and usually comes in vape cartridges, oil tinctures, or infused edibles.<\/p>\n
CBD can undergo chemical synthesis with an acid to create Delta 8 Tetrahydrocannabinol, commonly called Delta 8 THC, or just Delta 8. It has similar intoxicating properties to Delta 9 THC, which is the classic intoxicating compound present in marijuana. Despite this, Delta 8 tends to be about 25% as strong as Delta 9, meaning 40mg of Delta 8 would impart the same effect as 10mg of Delta 9.<\/p>\n
Because it is both hemp derived and intoxicating, it enjoys a legal gray area where it can usually be purchased over the counter as a hemp product, but it still possesses qualities that make it similar to marijuana.<\/p>\n
Shortly after the first passage of the Farm Bill, various brands began manufacturing and selling Delta 8 products over the counter in Texas as well as across the country. It didn\u2019t take long for individual states to begin banning the sale of Delta 8 products, saying that they never intended for anything intoxicating to be made legal.<\/p>\n
Connecticut, where we are located, was one of the first 15 states to ban Delta 8 outright. In Texas, the story is quite different. Delta 8 was initially legal and became quite popular until the Texas Department of State Health Services issued a moratorium on it citing the same reasons – not wanting intoxicating products in the market places.<\/p>\n
Shortly after this ruling was issued, multiple Texas companies filed a suit against the state in hopes of obtaining an injunction to continue manufacturing and selling Delta 8 products. They were successful, and as of August 2022 Delta 8 products continue to remain on the shelves in the state of Texas.<\/p>\n
This could change in the future, but for the time being the short answer is Yes, Delta 8 is legal here.<\/p>\n
THC is legal in the state as long as it is in hemp products containing less than 0.3% THC by weight. Anything higher than this percentage is considered marijuana and cannot legally be made, sold, or owned in Texas.<\/p>\n
Since Texas CBD laws explicitly state Delta 9 THC in the same way that the Farm Bill does, variants like Delta 8 remain legal while traditional Delta 9 THC is still forbidden.<\/p>\n
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