Most people believe that CBD is now legal all across the country — and, for the most part, they’re right. CBD laws vary by state, however, and Texas has a long history of attempting to obstruct CBD access for its residents.
Is CBD legal in Texas in 2024, and how legal is it, exactly? We’ll cover the answers to these questions and more throughout the course of this succinct and informative guide.
What Is CBD?
Cannabidiol (CBD) is a naturally occurring compound in Cannabis sativa. It is, in fact, the second-most common cannabinoid next to THC, and it’s believed to play a considerable role in the effects of cannabis even when included in very small concentrations.
When breeders selectively cross cannabis strains to result in high-CBD offspring, the cannabis plant takes on entirely different properties. Losing its intoxicating attributes, extracts from CBD-rich cannabis can be used to produce non-intoxicating oils, CBD gummies, CBD creams, or even vapes.
CBD can also be kept in its original flower form and smoked. The only necessary prerequisite is that CBD products contain less than 0.3% THC — so long as they do, they can be sold online.
CBD vs. THC
Put as simply as possible, THC is intoxicating, while CBD is not. The differences between these cannabinoids go further, however — the reason CBD isn’t intoxicating is that it doesn’t activate CB1, one of two conventional “cannabinoid receptors.” Instead, it more subtly affects the endocannabinoid system, primarily via serotonin and vanilloid receptors.
The fact that CBD does not operate at all like THC in the human body is not lost on researchers. CBD has become an acute focus of cutting-edge medical research, with many studies yielding results that indicate CBD has a firm place in humanity’s future pharmacopeia.
Federal vs. State Laws
In the United States, federal law supersedes state law, but only up to a certain point. States still have some agency to establish their own codes and laws, especially in the context of business and commerce.
Federal CBD law, therefore, establishes a general standard from which individual states can then diverge — again, to a certain degree. States like Texas cannot, for instance, entirely countermand federal laws that allow CBD oil, such as the 2014 and 2018 Farm Bills.
States can, however, considerably restrict the scope or application of federal laws. Texas is an excellent example of a state that has pushed the limits of its rights to establish individualistic policies on CBD, hemp, and cannabis in general.
Is CBD Oil Legal in Texas?
Yes, CBD oil is fully legal in Texas — even if the state’s discussion surrounding cannabis can be highly contentious at times. The Texas Department of State Health Services has issued various edicts restricting the sale or use of delta 8 and other cannabinoids. However, each of these attempts to constrain Texan freedom has been met with dismissal or lawsuit.
As a result, the only laws that have any bearing on personal CBD use in Texas are federal. So long as CBD products contain less than 0.3% THC, they should generally be acceptable for both sale and use within the state of Texas.
What Are the Legal Requirements for CBD in Texas?
For Texas residents selling, purchasing, or using CBD products manufactured outside the state, there are no relevant restrictions of any kind aside from relevant federal regulations. The Texas legislature has, however, exerted its power to the fullest extent of its jurisdiction by heavily regulating the production of CBD products within its borders.
If you intend to produce CBD products in Texas or distribute Texas-made CBD, you will need to comply with the codes and regulations established by the Texas Department of State Health Services. Rather than exerting any considerable control over CBD quality for state residents, this program has, rather, generated a paltry amount of taxation income while largely incentivizing Texas businesses to import CBD made in less-restrictive states.
Can You Buy CBD Online if You Live in Texas?
While doing so does not, unfortunately, benefit the Texas hemp industry, it’s certainly both possible and legal to purchase CBD products online as a Texas resident and have them shipped to your address. According to the United States Constitution, state laws cannot prohibit interstate commerce, an ironclad precedent that applies just as much to CBD as it does to any other commodity not directly outlawed at the federal level.
That’s all to say no legal body in Texas — state, county, or municipal — can (legally) levy any sort of repercussions against you or your business for purchasing CBD online. The only situation in which this might not be the case is if it can be proven that your CBD product contains more than 0.3% delta 9 THC, making it technically a federally illegal substance.
To avoid this outcome, simply check the lab reports for CBD products before you buy them. Lab reports may also be useful in defending the legality of the CBD products you purchase, making them all the more important to find and properly validate. You may also purchase THC-free CBD oil.
How Old Do You Have to Be to Buy CBD in Texas?
There is no age limit on the purchase of hemp-derived CBD products in Texas. Marijuana possession remains a state crime in Texas, but this policy does not apply to hemp products containing less than 0.3% delta 9 THC. In fact, Texas has become an increasingly friendly place to grow industrial hemp in recent years, making it all the less likely that any age limits on hemp products will ever be set in the state.
Can You Smoke CBD in Texas?
Texas laws don’t have any bearing on the purchase or use of CBD-rich hemp flower. However, the same Texas bill that restricts other forms of CBD production also prohibits the manufacture of CBD flower within state lines. Just to be clear, though, laws like these that relate to hemp production do not apply to the state’s general policies on CBD hemp use and sale.
How to Legally Purchase CBD in Texas
Texas law does not restrict the sale or purchase of CBD products containing less than 0.3% THC unless they were made in Texas. The best way to legally purchase CBD in the state, therefore, is to buy it online. Doing so ensures you won’t accidentally skirt over Texas regulations pertaining to state-made CBD products, and it also opens you up to a much wider range of product options.
In any free market, competition drives excellence, and the same is the case for CBD. Not only is it legal to buy CBD online in Texas, but doing so will also ensure you enjoy the highest tier of CBD product quality.
Future of CBD Legality in Texas
The legality of CBD in Texas is unlikely to change anytime soon. Now that the state has established controls over its own regulated CBD economy, Texas legislators have reached the effective limit of their jurisdiction over CBD commerce. Unless the federal government radically alters its perspective on CBD hemp products, CBD is only likely to gain further legal protections in Texas over time — without losing any of the protections it already has.
Final Thoughts: Is CBD Bigger in Texas?
Texas may never be the national epicenter of CBD culture. The Austin City Council and other left-leaning deliberative bodies might embrace cannabis wholeheartedly, but the state remains centered in its core of conservative culture, preventing either side of the debate from holding much lasting sway.
As a result, the official Texan perspective on CBD has become ambivalent — and when state laws become ambivalent, they revert back to federal laws. Debates on the overall role of cannabis in state commerce and health will, no doubt, go on for the foreseeable future. Texas has wholeheartedly embraced CBD, though — with a powerful bear hug that won’t be broken anytime soon.
