As a result of the Agricultural Act of 2014, the Government removed industrial hemp from the federal list of controlled substances.
More than a quarter of an ounce but less than five pounds could get you two years in prison and a $10,000 fine.
Industrial Hemp CBD in Texas
Unfortunately, Texas is not one of the states with progressive marijuana laws.
The CBD industry is relatively new, and not all companies are playing by the rules. The Food and Drug Administration has found that many CBD products sold in-store actually contain no CBD at all.
You’ll also get fined the equivalent amount of tax that the Government would have made on the marijuana you’re caught with. This tax equals roughly $3.50 per gram.
But buyer beware, experts warn. Anyone can sell CBD in Texas. Many of the products are advertised as natural alternatives to prescription medications and make unfounded claims to treat conditions like chronic pain, depression, anxiety, insomnia, diabetes and psychosis. None of these claims are recognized by the U.S. Food and Drug Administration.
In June, Gov. Greg Abbott signed a bill legalizing hemp and bringing state policy in line with federal law.
“No one wanted to touch [CBD]. No one wanted to talk about it. No one was interested in carrying this product in any sort of spa or retail space,” Kerver said.
In 2017, business was slow for Sarah Kerver. She was a sales rep for a Colorado-based company trying to push hemp and CBD products in Texas. But customers were apprehensive.
Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.
Before we talk about the recent developments in Texas hemp and CBD laws, let’s look at the Compassionate Use Act that was passed by Texas back in 2016 — the beginning of the turning tide for the cannabis reform movement in the state. The law made low-THC CBD oil legal only for children with intractable epilepsy, leaving many CBD advocates to criticize the program as being too limiting.
Moreover, the requirements on epilepsy patients for earning their medical marijuana cards were daunting, to say the least. Among other roadblocks, getting a medical marijuana card required a doctor’s prescription. That wouldn’t normally be a problem except that at the federal level doctors are legally prohibited from prescribing cannabis. As a result, the number of doctors willing to prescribe CBD oil in Texas is minuscule compared to the number of epilepsy patients.
Texas’ medical cannabis oil program at a Glance
CBD in Texas is now legal and causing a stir. What about growing hemp, or making and selling CBD products? In this 2021 TX CBD Guide, we’ll cover a host of frequently asked questions related to Texas hemp and CBD laws.
And furthermore, although it technically made one a criminal, countless numbers of Texans were purchasing CBD oil online and having it delivered to their doorstep making all the hoops jumping parents had to go through to get their child approved for CBD oil to seem torturous.
Nonetheless, Texas moved forward, albeit slowly with its so-called medical marijuana program and three companies were licensed to produce and sell cannabis oil in Texas. However, the Texas medical cannabis law specifies that the oils must contain less than 0.5 percent THC, the compound in marijuana that causes a high. Hemp CBD oil must be below 0.3 percent — a measly two-tenths of one percent difference.