Considering that Texas is currently in a massive state of confusion regarding medical cannabis laws (and in particular laws surrounding the use of CBD oil), it turns out that the old saying “everything’s bigger in Texas” rings true for more than just the sprawling ranchlands and jumbo t-bone steaks.
Indeed, for every step forward the Lone Star state has taken with regard to cannabis legalization (and trust us, they haven’t taken many), it seems it doesn’t take a whole lot of time for them to take two steps backward.
The most recent example of this comes in the possible outlawing of CBD oil and other CBD-infused products by the Department of State Health Services (DHSH), which may potentially shut down (or otherwise confiscate the products of) some popular storefronts who have been selling CBD “foods” and “supplements” to everyday customers. The news comes less than three years after legislation was passed to allow for the use of “low-THC cannabis” to treat intractable epilepsy in medically-diagnosed patients.
In this article, we go over what exactly the law says in terms of the use of CBD oil in Texas, and what the new DHSH acclamations might mean for you as a consumer of CBD oil and other cannabis-related products.
Texas Cannabis Laws: A General Overview
Texas has notoriously been one of the most hard-nosed U.S. states in regard to cannabis legislation. Aside from a pretty radical House Bill (H.B. 2165) that was introduced back in 2015 (that was subsequently rejected but would’ve completely legalized the adult use and possession of any amount of cannabis), the state has taken very little action in advancing marijuana-related legislation. In fact, you can still get hit with a misdemeanor and sentenced up to 180-days in jail for getting caught with just a single joint!
This is despite the efforts of many pro-cannabis activist groups and individuals in the state, including one representative (Rep. David Simpson, R-Longview) who famously proclaimed a few years back that, “I don’t believe that when God made marijuana, he made a mistake government needs to fix.”
The only cannabis-related legislation that Texas has passed has come in the form of the Compassionate Use Act (S.B. 339), which went into effect back in 2015. The Act is extremely limited in terms of what kind of cannabis is legal, however, and in fact only allows for medical patients who are diagnosed with intractable epilepsy to use “low-THC cannabis,” which is defined by the state as:
“…any part of [the Cannabis sativa L. plant] or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:
- Not more than 0.5 percent by weight of tetrahydrocannabinol (THC); and
- Not less than 10 percent by weight of cannabidiol (CBD).
In other words, the law essentially only allows for CBD oil in Texas to be used for rare forms of untreatable epilepsy. And even still, it is difficult for physicians in the state to prescribe it because in doing so they are breaking federal law, which currently maintains the notion that cannabis is NOT a recognized form of medicine.
Thus, it should come as no surprise that the DSHS is wanting to crack down on the illegal sale of CBD in the state, as sellers and storefronts are essentially breaking the law by selling any CBD products to consumers who are not “medically diagnosed” patients with intractable epilepsy. It may sound silly, but at the end of the day, that is the current Texas law and there is nothing that states it is legal for storefronts to be able to sell anything CBD or cannabis related, regardless of the legislation presented in the Compassionate Use Act.
However, as was pointed out in a letter written to the Department of State Health Services on behalf of the Texas Cannabis Industry Association, attorney Richard Cheng argues that it should be the Texas Department of Public Safety – and NOT the DSHS – that would be the “designated state agency to govern issues related to cannabis and cannabis-related products.”
This simple fact has understandably angered some store owners who are at risk of having their CBD-infused products confiscated, especially when the threats of confiscation are coming from a department who seemingly does not have the authority to do so.
According to the Dallas Observer, one merchant in particular is adamant that his Dallas-based storefront is legally allowed to sell CBD-infused concoctions:
“If they come in and say, even if it passes [the federal government’s] arbitrary test, you still can’t sell it, at that point, even though they don’t have regulatory authority over us, we’d have to [stop selling the products], or I could be prosecuted.”
Regardless, the store owner says he would likely take legal action and sue the DSHS if it ever came to a situation like that: “I would happily invest time and money,” he says, “into pursuing legal action against the state.”
Living in Texas and Wondering What Is CBD? Well, Wonder No More…
Cannabidiol (CBD) is one of over 113 known cannabinoids of the marijuana plant. With its growing list of medical benefits and a wide variety of treatable conditions, it has been rivaling the likes of THC as the most researched and sought-after cannabis compound.
Unlike THC, though, which is famous for producing the typical marijuana high, CBD is a non-psychoactive cannabinoid. It has gained extreme popularity in recent years due to its therapeutic benefits, as well as its ability to help treat conditions like arthritis, chronic pain, inflammation, depression/anxiety, and much more.
Until recently all forms of CBD were illegal, but in 2014 a Bill was passed (known as the Farm Bill of 2014), which allowed for the cultivation of industrial hemp (hemp that contains less than 0.3% THC by weight). This Bill proved to be a game-changer for the CBD industry, as it technically permitted hemp-derived CBD oil to be bought and sold throughout all 50 states.
Since the passing of the legislation, CBD has been adopted by many people as an alternative medicine due to the cannabinoid’s ability to help relieve a variety of conditions such as:
There are many more conditions that are now being treated with CBD oil, and studies have even shown CBD to provide certain therapeutic benefits that rival many pharmaceutical drugs! As an example, CBD oil has been proven to act as an:
So you may be wondering, as a resident of Texas can you get your hands on CBD oil at all? Well, the short answer is “yes.” However, this doesn’t exactly mean that it’s legal in the state. While there are many reputable online CBD sellers that sell and ship quality oils “legally” (as per the claims on their website) to all 50 U.S. states (see the below section for “where to buy CBD oil online), it is technically illegal to possess and use CBD oil in Texas, unless you have a medical prescription and are a patient diagnosed with intractable epilepsy.
Does this mean that you’re going to get busted by state authorities if you have a bottle of CBD oil shipped to your door from an online seller? Well, the only thing we’ll say about that is we’ve never heard of anyone getting arrested in the state for such a thing. However, we’re certainly not lawyers, so whatever you do, DO NOT take that as legal advice!
How Does CBD Oil Work?
If you’re wondering how CBD oil actually works, within our bodies there is a unique system called the Endocannabinoid system, or ECS. The ECS is essentially an “internal regulator” that maintains homeostasis on all levels. It has a hand in ensuring that we stay well, and it plays a central role in things like body temperature, appetite, emotional feelings, and even the way we feel pain. The ECS works by producing natural cannabinoids, which subsequently work to heal our bodies wherever needed.
When we consume CBD, it is believed to interact with our endocannabinoid system to encourage a boost in natural cannabinoid production, and with these extra cannabinoids “working their therapeutic magic,” our bodies are better able to fight off pain, inflammation, feelings of depression and anxiety, and so much more.
Moreover, research has shown that many of the cannabis plant’s cannabinoids – not just CBD – interact with our body to promote health and well-being. THC, for example, is known to bind with the cannabinoid receptor in our brain known as the CB1 receptor, hence the mind-altering high and psychedelic feelings of calmness and euphoria.
CBD Oil in Texas: Wrapping Things Up
As the U.S. adapts and more laws across the country allow for legal medical marijuana (and in some cases even recreational use), it seems Texas is being as stubborn as ever in terms of not wanting to acknowledge the medical potential of the herb.
To recap, residents of Texas are only eligible for medical CBD oil if they are sufferers of epilepsy, AND meet a set of criteria that leaves very little to the imagination.
To qualify to use CBD oil in Texas, you must:
- Be an epilepsy patient who has not responded to a minimum of two FDA-approved drugs.
- Be a resident of Texas
- Have approval from two separate doctors, which is not an easy feat bearing in mind that throughout Texas, there are only 18 doctors qualified to dispense medical marijuana
So, not only do you have to suffer from (and be diagnosed with) a rare form of epilepsy in order to receive the therapeutic benefits of CBD, but you must then seek approval from an extremely limited number of doctors — twice!
Moreover, there are only a total of three dispensaries across the state that are eligible to sell the “low-THC/high-CBD” oil that is defined under the Texas Compassionate Use Act. In all honesty, the laws make it almost impossible for the average person to get CBD for medicinal use. As a result, it essentially forces those who do wish to obtain CBD oil in Texas to order it online for delivery. While not exactly legal under state law, these particular oils are extremely low in THC (less than 0.3%), and are sourced from Industrial Hemp which makes them legal on a federal level. Many people have ordered CBD oil and had it shipped to their homes in Texas, and many more will likely do so in the future with no complications whatsoever.
Final Thoughts on CBD oil in Texas
All in all, we have to admit that for Texas residents, the immediate outlook is quite bleak on the CBD front. That being said, we have high hopes that in time, legalities will slacken just a bit in order to accommodate for the dozens of other conditions that have shown to benefit so much from CBD use.
For now, though, all you Texans hang in there, as there are some excellent online sellers of CBD oil that should do the job while we wait for the beautiful Lone Star state to get up to speed with the times!
Where to Purchase CBD oil Online If you Live in Texas
- Full-spectrum Hemp extract
- No pesticides, solvents or chemical fertilizers
- 3rd party laboratory tested
- Price Range ($48.00 – $139.00)
- Maximum potency and purity
- Compounded by a licensed pharmacist
- Highly concentrated extraction process
- Price Range ($26-$169)
- Full-Spectrum Extract (Made in USA)
- 100% Natural and Organic
- Contain no artificial flavors or preservatives
- Prices range ($48-$125)
- CBDPure uses a chemical-free CO2 extraction process
- 3rd party laboratory tested
- Certified hemp grown in Colorado
- Price Range ($29.99 – $79.99)
- Over 5 Years Experience
- 3rd party laboratory tested
- Organic hemp CO2 extract tincture
- Price Range ($62.00 – $204.00)