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is cbd illegal in texas

Is cbd illegal in texas

CBD product labels contain important information for consumers, an important resource for CBD consumers.

The Farm Bill also preserved the power of the Food and Drug Administration (FDA) to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. The FDA maintains that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has begun a process of reevaluating its position on such CBD products, but it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to claims that could be construed as medical advice about CBD.

The only FDA-approved of CBD by the is GW Pharmaceuticals’ Epidiolex.

Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. Photo by: Gina Coleman/Weedmaps

Where to buy CBD in Texas

Combine THC and CBD to fully employ the entourage effect.

When the Texas Health and Human Services Commission adopts rules on the qualifying diseases, more incurable neurodegenerative disorders may be added to the list.

Patients with qualifying conditions may apply for a medical CBD card though the Texas Compassionate Use Program.

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Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into the Schedule I category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

Applications to produce hemp are available on the Texas Department of Agriculture website, and potential applicants are encouraged to contact their TDA regional office.

Is cbd illegal in texas

Patients with a qualifying medical condition listed in Texas Occupations Code 169.003 can participate in the Texas Compassionate-Use program. This law has been amended several times to expand the list of qualifying medical conditions, and Texas law now allows qualified physicians to prescribe low-THC marijuana to patients diagnosed with epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, post-traumatic stress disorder, or an incurable neurodegenerative disease.

This FAQ will briefly summarize these laws, but for more information, please see the CBD page of our Cannabis and the Law guide.

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.

The law defines hemp as cannabis with a THC concentration of less than 0.3% by dry weight. The legal definition is more specific and can be found in Section 121.001 of the Texas Agriculture Code.

Where can I find more details?

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Check out the CBD page of our Cannabis and the Law guide for more details and links to other resources related to cannabis.

At the federal level, H.R.2 Agriculture Improvement Act of 2018 (often referred to as the 2018 Farm Bill) became law on December 20th, 2018. This federal law defined hemp as cannabis with a THC concentration of less than 0.3% by dry weight and removed it from the federal controlled substances schedules.

Is CBD legal in Texas?

Recent changes in both federal and Texas law regarding industrial hemp production have also affected the production and sale of CBD. These laws are currently being implemented in order to create a state industrial hemp program that allows for the legal cultivation of hemp and legal sale of "consumable hemp products" like CBD. The state industrial hemp laws require a license before one can cultivate industrial hemp, and they also require a license to sell consumable hemp products like CBD.

Prior to the 2019 state laws that legalized consumable hemp products, Texas had enacted the Compassionate-Use Act. This law allows for medical use of low-THC cannabis (less than 1% THC) for certain qualified patients. This law regulates who can produce low-THC cannabis and who may prescribe low-THC cannabis to certain patients.