Is CBD oil illegal in Texas?

Texas continues to maintain its strict enforcement of marijuana laws. If you possess marijuana or cannabis oil, you may be in for some harsh penalties. However, you may have heard that cannabidiol, or CBD, oil is different.

Does that mean it is legal?

THC amounts in marijuana

Live Science explains that marijuana plants contain the chemical tetrahydrocannabinol, which you may have heard of as THC. THC is not the only compound in the plant; other compounds known as cannabinoids are also present. One of these, CBD, does not interact with the brain to create the high that many marijuana users seek. In fact, CBD prevents the THC high. 

Hemp is a type of cannabis plant that contains very low amounts of THC, while marijuana has as much as 15 times that amount. Hashish can have three times more THC than marijuana has, and hashish oil, four times more than marijuana. 

Legal use of CBD oil

Texas Public Radio reports that the state does allow some people who have a diagnosis of intractable epilepsy to purchase low-THC CBD-concentrated oil. However, patients can only purchase this product if they are registered CBD patients and have a doctor’s recommendation. There are only three dispensaries in the state that may manufacture this oil.

Sale of CBD oil

You may have discovered that there are products on the shelves of many Texas establishments that have CBD on the label. How is this possible, given the law? The CBD in these products comes from hemp, and they are likely to contain only trace amounts of THC, if any. 

The products may not be on shelves for much longer, though. The Texas Department of State Health Services may ban them based on the CBD oil’s absence from the list of food products that the FDA generally recognizes as safe. Critics of the ban point out that CBD oil is not a food or a drug, so they believe that agency cannot regulate it.

If the ban goes through, the three state-recognized dispensaries will be the only places to legally purchase CBD oil.