Possession of CBD is legal in Texas, as long as it falls under the .3% THC threshold. The Texas CBD medical program allows CBD with .5% THC for patients with a medical card.
When the Texas Health and Human Services Commission adopts rules on the qualifying diseases, more incurable neurodegenerative disorders may be added to the list.
The Hemp Farming Act of 2018 legalized hemp cultivation and created a legal distinction between hemp and marijuana. Hemp is cannabis that contains less than .3% THC by weight, and marijuana contains more than .3% THC. Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from marijuana, still a Schedule I substance, is considered federally illegal. While hemp is now considered an agricultural commodity, it must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.
Licensing requirements for CBD
The Texas Department of State Health Services formally removed CBD from the Schedule I controlled substances list on April 5, 2019, following the adoption of the 2018 Hemp Farming Bill, which federally removed CBD from the category.
Patients with qualifying conditions may apply for a medical CBD card though the Texas Compassionate Use Program.
Texas CBD laws
Hemp-derived CBD products can also be purchased through various online retailers.
Texas’ definition of consumable hemp products includes foods, drugs, devices or cosmetics that contain industrial hemp or hemp-derived cannabinoids, including CBD, with no more than 0.3% THC. The Texas Department of State Health Services (DSHS) is creating a registration process for retailers to sell consumable hemp products with CBD.
Find answers to common questions in our searchable FAQ.
Is CBD legal in Texas?
This FAQ will briefly summarize these laws, but for more information, please see the CBD page of our Cannabis and the Law guide.
What is CBD? What is hemp?
In 2019, Texas House Bill 1325 passed during the 86th Regular Session and was signed by the governor on June 10th, 2019. This bill amended the Texas Agriculture Code and the Health & Safety Code in order to regulate the growth of industrial hemp and the sale of consumable hemp products like CBD oil.