The Truth About Cannabidiol (CBD) Oil Access in Texas

Don’t Be Fooled!

By Jax Finkel, Executive Director

The cannabis plant has over 113 recognized cannabinoids, with Cannabidiol (CBD) being one of them. CBD oil is generally defined as containing a minimum of 10% CBD and a maximum of 0.3% THC (another cannabinoid found in the plant). Since cannabis is a synergistic plant, it is best to extract this oil from cannabis sativa so that the terpenes and flavonoids can also be included. However, there are some forms of CBD oil that are extracted from industrial hemp.

Texas is in the process of rolling out the Texas Compassionate Use Program, which would allow for state sanctioned Low-THC oil (defined as <10% CBD and >0.5%THC). It is very similar in percentages to CBD oil. This Low-THC oil will only be available to patients who have intractable epilepsy and have 2 doctor’s recommendations. Until the law is changed, only these patients will be served by the program. There is no legal hemp growing program in Texas and therefore CBD oil from hemp is not available.

There are many claims that CBD oil is legal in all 50 states. However, the DEA has come out and stated that marijuana and it’s extracts and concentrates are all schedule 1 drugs. The Controlled Substance Act states, “The term ‘marihuana’ means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” The DEA has gone on to clarify that “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. Although it might be theoretically possible to produce a CBD extract that contains absolutely no amounts of other cannabinoids, the DEA is not aware of any industrially-utilized methods that have achieved this result.”

Additionally, these CBD oils are not from state-sanctioned programs and not subject to the same standards and testing. In fact, the FDA has put out a warning letters to several companies regarding making unfounded claims regarding their products as well as not having the actual percentages reflected accurately on labeling once they were tested. The labeling issue is backed up by findings published in the Journal of the American Medical Association (JAMA) which found that only 30 percent of the products contained percentages of CBD that were within ten percent of the amount advertised and some products also contained detectable amounts of THC, despite being promoted as THC-free. The FDA has also decided that CBD products are excluded from the dietary supplement definition and also deemed that CBD products are not legal for interstate commerce.

This means that CBD oils are still considered a schedule 1 drug and therefore not legal for sale in Texas. While there does not currently seem to be a massive number of arrests or raids in Texas, there are reports of raids and citizens facing serious time in jail for possession of the extract oil. Proceed with caution, Texans!

Shared from our sister organization’s, Foundation for an Informed Texas (FIT), original blog post.

7 Responses to “The Truth About Cannabidiol (CBD) Oil Access in Texas”

  1. How to sensibly buy LEGAL cbd oil? Because I got a letter saying customs has confiscated my package two times already and I’m pissed.

  2. Been there done that. The only place where i was able to purchase cbd legally was this verified place here Fast shipping, great quality.

  3. I live in Texas and you can buy CBD oil from local health food stores and our grocery store carries it. How if it’s not legal? Wouldn’t the DEA shut them down? We also have a dispensary opening in West Texas that you can legally buy CBD oil from with no prescription. I don’t think this article is correct. I am a wholesale distributor myself.

  4. It doesn’t work for me , so I’m not worried about where I can buy it.

  5. Here’s what the DEA said: “The new drug code (7350) established in [the Rule] does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA). The new drug code includes only those extracts that fall within the CSA definition of marijuana. If a product consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360).”

    Sec 7606 of 2014 ag. farm act excludes Industrial hemp from the CSA and says: (2) INDUSTRIAL HEMP.—The term ‘‘industrial
    16 hemp’’ means the plant Cannabis sativa L. and any
    17 part of such plant, whether growing or not, with a
    18 delta-9 tetrahydrocannabinol concentration of not
    19 more than 0.3 percent on a dry weight basis.

    Federally legal.. But im thinking not in TX.
    There is NO separation between marijuana and hemp in the TX CSA state law. Just cannabis sativa L. from my understanding.

  6. As a Nevada citizen from California, I’m telling you Texas, you should be outraged. This is not about getting high. It’s about trying to cope with physical and mental conditions, without the use of prescription drugs. But that’s a booming industry our country thrive on.

    With the pill, meth and heroin epidemics going on across the COUNTRY, why are people still putting so much time into fighting cannabis and it’s derivatives? People are turning to marijuana to get off of heroin and meth.

    I guess politicians won’t care about the powers of this PLANT until they actually realize that all if their kids are on heroin and meth. Then they’ll care.

    Until then. Texas citizens need to start lobbying for change. Unless you believe so deeply in prescription drugs that you can’t see past that other options exist. Marijuana not only calms, but it heals and it cures too. Voters can make change. We did it… in BOTH of my states.

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