With many states moving toward the decriminalization of marijuana and hemp products, more and more people are wondering about the legality of CBD. States, cities and the federal government all have different rules, which often conflict with each other. If you’re interested in trying CBD to treat pain or anxiety or enjoy its other reported benefits, you’re probably wondering if CBD is legal in Texas. The short answer is yes, even if you don’t have a prescription, as long as it has less than 0.3 percent THC.
What is CBD?
CBD is derived from the hemp plant, and is renowned for its pain-relieving, anxiety-soothing effects. Unlike THC, it is not psychoactive, meaning the user will not get “high” from taking CBD. However, most if not all CBD contains trace amounts of THC.
Texas CBD and marijuana laws
Marijuana is illegal in Texas—if you’re found to possess up to two ounces, you could get slapped with a $2,000 fine, prison time and suspension of your driver’s license. (Penalties increase the more you’re found with.)
In 2015, the governor of Texas signed the Compassionate Care Act into law, allowing patients with epilepsy to use CBD oil with less than 0.5 percent THC. Recreational marijuana is still illegal, however. The Department of Agriculture is responsible for issuing licenses to cultivate hemp, while the Department of Health and Human Services will regulate CBD products.
In 2018, the cultivation of hemp was decriminalized, and farmers can now raise the crop in Texas. Hemp is used to make textiles, but it also contains the cannabinoids that make up CBD. While the government currently does not have the technology to test hemp products to see what percentage of THC they may contain, it’s still smart to only purchase CBD products in Texas that have a low or zero percentage.
What does this mean for you? First, while hemp and CBD are still in murky legal territory, it’s wise to exercise caution. If you’d like to use CBD in Texas, make sure the THC percentage complies with all applicable regulations.
Second, many people prefer to buy CBD online—some stores ship to Texas. This may be the best option while the state works out how to test and regulate CBD products.
Finally, keep in mind that the low percentage can still add up, and many find that THC mixed with other substances, such as alcohol, can severely impair their judgment and motor skills. If you’re taking significant doses of CBD oil, try not to consume alcohol or other medications/drugs that will cause mental or physical impairment. It’s better to be safe than sorry, even if you believe you have a zero-percent THC product.
If you have been accused of a marijuana or CBD-related crime, call the Law Office of Rob Biggers. We bring our West Texas values to the courtroom and offer zealous, skilled representation on behalf of our clients. Our firm specializes in criminal and family law—let us fight for you when you call to set up a consultation today.
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