Perhaps, but it Must Fit These Qualifications.
Cannabidiol oil, aka CBD, has gained mass popularity among media portals and the public. People are now using it as an add-on product for their food nutrients, such as post-workout smoothies or morning coffee. Let’s understand What precisely is CBD? Why has it abruptly attained so much attention?
CBD represents cannabidiol which is found in the Cannabis Sativa. It originated precisely from the hemp plant, which is a cousin of the marijuana plant. CBD has various medicinal properties to help relieve multiple anti-inflammatories, analgesic, anti-anxiety, and seizure-suppressant problems.
Although CBD is a component of Marijuana, it does not contain “High” properties like Marijuana. Upon earshot of this, one may be ecstatic and reckon that the dilemma is figured out. But it is deemed to be more complex than that.
Let’s understand how.
The legal status of CBD in Texas differs depending on its source. Hemp and marijuana plants share the same parent, and CBD can be extracted from them. Unfortunately, they do not share the chemical profile. Hemp and Marijuana have exclusively distinct cannabinoid ratios. Natch, Marijuana is high in THC.
It means that consuming marijuana-derived CBD oil can make you feel high. Hemp encompasses higher ratios of CBD and only trace amounts of THC (UP TO 0.3%). The chemical makeup of hemp makes it impossible to get the user intoxicated.
Is CBD Oil Legal Under Federal Law?
Yes, if it is manufactured within the federal guidelines.
What Is Cbd Oil?
CBD oil is a cannabinoid extract consumed as a supplement, a nutrition source in food items, especially smoothies. It is sold by various marijuana dispensaries.
It would be best if you were happier than a giant-sized bear with a belly full of insects to know that Texas is loosening and broadening its cannabis laws. The current regulations and
amendments that Text Lawmakers rectified better enunciate the state’s position on cannabis.
Here’s a high-level timeline with the highlights:
- The 2018 Farm Bill federally legalized industrial hemp and hemp-derived CBD with no more than 0.3% THC (tetrahydrocannabinol).
- Texas passed various laws like SB 339(2015) and HB 3703 (2019), expanding the list of medical conditions legally treated by cannabis oil in Texas. These laws permit a restricted medical marijuana program through which patients can access and use cannabis products.
- The compassionate Use of Act of 2015 authorizes the prescription of “low -THC cannabis,” defined as having more than 0.5% THC for patients diagnosed with epilepsy. However, when a person does not meet the required eligibility of the predefined set by the compassionate use act, then possession of CBD oil containing any THC is against Texas law.
- In 2019, HB 1325 legalized hemp cultivation with a THC concentration of no more than 0.3%. Also, it was removed from Schedule I of the controlled substances act. HB has legalized hemp and allowed it to be used to sell and produce natural CBD-based health products in Texas.
Note: – Recreational and non-approved medical benefits of Marijuana are still illegal in Texas.
CBD should always be bought with a certificate of analysis to prove the legal THC limits.
Under the Laws of different Individual States, IS CBD oil considered illegal?
Yes, CBD oil is illegal in some states and legal in some. In states where Marijuana is illegal, CBD oil is also considered a banned substance.
If the matter is considered at the state level, the CBD Oil is deemed legal in the Individual states where the usage of Marijuana is for recreational purposes. There are approximately 29 states that allow marijuana for medical purposes. It is used in different varieties; irrespective of the THC content of the source of oil, CBD oil is stated legal by the state laws.
Why Is CBD Sometimes Considered Illegal in Texas?
All categories of cannabis, including hemp, were illegal under the 1970 Federal Controlled Substances Act. Even though hemp strains don’t generate enough THC to cause intoxication, under the Schedule I category, cannabis is a substance with a high potential for abuse, no accepted medical use, and a tendency towards addiction.
The Texas government has legalized and declared in the ” Hemp Farming Act of 2018″ to cultivate hemp while creating products that can prove the difference between Marijuana and hemp.
Marijuana contains more than 0.3% THC, whereas hemp is cannabis that has less than .3% THC. The bill thus removed Hemp-derived CBD, but CBD derived from Marijuana. Still, a Schedule I substance is considered federally illegal.
FDA declares that even hemp-derived CBD may not be added to food and beverages nor marketed as dietary supplements. The federal government still regulates the production and sale of hemp, and its cannabinoids, including CBD, are in high demand.
What Are the Texas CBD Laws? What Should You Know About It?
On April 5, 2019, CBD was formerly eliminated from the Schedule I controlled substances list by the Texas Department of State Health Services. By succeeding the approval of the 2018 Hemp Farming Bill, which federally also eliminated the CBD oil.
On June 10, 2019, Greg Abbott, in the Republican Gov., signed House Bill 1325, establishing broad hemp production, cultivation, and testing regulations. The bill sought to create rules that have a spitting image of the federal definition of hemp-derived CBD products.
According to the Texas government, Patients with medical passes suffering from severe illnesses will have strict access to CBD. According to “Texas Compassionate Use Act”, it is legal for patients to consume CBD with 0.5% THC or less than, under the following conditions:
- Amyotrophic lateral sclerosis (ALS)
- Lou Gehrig’s Gehrig’s disease
- Incurable neurodegenerative disorders
- Intractable epilepsy
- Terminal cancer
- Multiple sclerosis
- Seizure disorders;
When the Texas Health and Human Services Commission adopts rules on the qualifying diseases, The Texas Health and Human Services Commission may add more incurable neurodegenerative disorders to the list.
Requirements For a License For CBD
Patients with qualifying conditions may administer a medical CBD card through the Texas Compassionate Use Program.
Applications to produce hemp are accessible on the Texas Department of Agriculture website, and potential applicants are encouraged to approach their TDA regional office.
According to the Texas Department of “State Health Services”, a retailer has to register himself to sell consumable hemp products with CBD.
The state grants patients with certain qualifying conditions to use other medical formulations, including CBD, and newly found diseases are currently under review.
What Is the Punishment for Owning CBD Oil in Texas?
If you possess CBD oil with any trace of THC in Texas. You could be confronted with a Felony for Possession of a Controlled Substance in Penalty Group 2, can carry a range of punishment from 180 days in a state jail or 20 years in prison and a fine of $10,000
Where To Purchase CBD in Texas?
People can buy CBD, despite its confusing legality, through various wellness and vitamin stores in Texas.
Through online stores, the purchase of hemp-derived CBD products is possible.
The best source of CBD oil is organic hemp. Hemp plants competently soak in all the substances from the soil, including the good and bad ones.
The top material for producing CBD oil comes from organic, non-GMO hemp. Texas now permits the production and sale of hemp and federally authorized CBD.