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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.

23 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 http://bit.ly/2fdLpzz 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.

    • Linda, I have seen that too. From all the time I’ve been learning about CBD oil which has only really been since June 2017, I have seen some people that it just doesn’t work for or sometimes it takes longer for certain people. It really has a lot to do with your body chemistry. I got my mom on it and for several months she kept telling me she couldn’t tell anything. And then gradually she started telling me little things like “my acid reflux is better” or “I’m sleeping better” etc. She even started rubbing it on a precancerous mole thing she gets on her legs a lot and it went away within about a week. So she stays on the oil, But her testimony is not as “out there” or “amazing” as some I’ve seen. But she is a heavy smoker so I think that make a difference too! Be blessed 🙂

  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.
    http://www.votehemp.com/PDF/Pages_from_farm0127.pdf

    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.

    • Where do you start? My daughter and I both have cronic pain coditions. Hers is worse. Shes on major pain meds and STILL suicidal at times because of the pain. I believe this could help her.

  7. It is silly to think that a State can restrict sales of a product that has been for sale in nutrition stores for years. How can they State of Texas put a law in place that overrides a standardized regular oil that stores have been selling as salad or cooking oil?
    In any case, I am in business relations for Sunderstorm CBD. Our company was created by two Stanford Science Graduates. We offer a nano-infusion product line that allows for 85% more bio-availability. We have sub-linguals, oils, skin creams, sleep aids, skin creams, and gummy bears etc.
    We produce Hemp oil products. (CBD)
    You can contact me @ Rich@sunderstorm.com

  8. I’m not sure what the actual legal situation is at this point, but there are a few CBD stores here in Dallas selling most of the the products you would expect in a legal state.
    CBD Kratom and The Cherry Apothecary are the two closest to me.

  9. I dont understand. There are CBD raps that my boyfriend and I buy. We live in Texas. If this is true then what are theses CBD products we keep buying? Whats actually in them??

  10. I am trying to find information for friends who live in Texas and it seems that you all are not treated fairly. I’m in North Carolina and CBD OIL from Hemp has helped me tremendously. I have gone from 75mg Fentanyl patches with 3 morphine pills and 4 muscle relaxers per day to know 1 drop twice a day of 500mg CBD OIL (the size of a grain of rice). 3rd party tested, .0 to .3% THC.

    • Wow Stephen, that is awesome! I wish Texas would quit making it so confusing and hard. It has helped me too. Brought me out of extreme fatigue depression and anxiety! So happy you are getting those results! Praise God!!

  11. Ive ordered Charlotte’s Web CBD oil (the oil that started the epidemic…the one made for Charlotte) straight from the net and i received it with no problems. & it worked wonders for my pain anxiety & insomnia

    • Many people do not experience problems when using 3rd party tested products. But it is important to be aware of the potential legal problems when weighting the benefits vs costs.

  12. im concerned about this because i am doing a cbd project in sociology and dont want to be kicked out of school for bringing these to do my presentation. i have already asked my teacher and she says its ok but now im not so sure if its legal here

  13. I own a vape shop, Kloud Kraft Vapors, in Eastland, Texas. I was selling CBD products derived from 100% industrial hemp, 0% THC from trusted vendors who sell sealed and tested products. I benefit from CBD products, and many customers have come to depend on its benefits as well. The DEA is currently raiding several Texas cities, including Abilene, which is only 50 miles from me. There are 4 shops in Eastland who sell CBD products, with no issues in the past. As a preventive measure, I contacted my local chief of police, who consulted with someone (no clue who he conferred with about Texas law). I received his call yesterday, and I have now pulled all my CBD products off the shelf because it IS considered ILLEGAL in Texas. Obviously, the laws need to change. My customers are very upset by this development, as am I.

    • I am sorry that you are seeing it become more of an issue in the panhandle. It is upsetting.

    • Byron, I live close to where you are. I’m in Blanket Texas which is outside of Brownwood. I was watching the news feed on KTAB when that happened in Abilene. I’ve been researching it a lot since that day. I thought I was going to be able to have a booth at the Rattlesnake roundup in Sweetwater, and the chief of police and Nolan county sheriff had approved it a few days before it started. And then talked to some narcotics officers in the DPS Abilene and I think the Attorney General’s office or spokesperson. And then they told me I couldn’t promote or sell it there because it’s illegal. I’ve been reading thru the Texas Health and Safety Code Section 481 because that is where the officer told me the law is plainly laid out about any CBD oil with any level of THC is illegal in Texas. But I can’t find it that specific. It makes me so angry that Texas is making it hard on us to use a product that is natural and there is just a trace amount of THC and no one is getting high or having any kind of impairments whatsoever. It is helping so many people. I have some friends who vape the CBD oil and it helps them even more that way. Yes your customers and you have a right to be upset. It is so ludicrous! There is also a case right now in the 9th Circuit Court of Appeals. The Hemp Association is suing the DEA because of the rule they made CBD schedule 1. Because federal law it is legal by the 2014 Farm Bill when it’s the industrial hemp with less than .3% THC. I hope your business isn’t hurt too bad. Our local health food store “Honey Bee” also pulled all their CBD products. And so did Drug Emporium in Abilene. Stay strong!!

  14. So if the THC is less than .3% is it consider legal? Because my understanding from the 2014 farm bill is as long as it is under .3% THC it can be bought, used and sold here in Texas

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