As we all know, Texas is home to many things, including the saying ‘everything’s bigger in Texas.’ Oddly enough, that’s actually an excellent way to describe the current state of legislation around cannabis and CBD oil right now.
There seems to be some serious confusion regarding what’s legal and what’s not. One of the reasons for this is that every time Texas seem to move forward with loosening the law around cannabis, they just as quickly retract it and take a couple of steps back.
The latest development in this story actually came in early 2018 when the Health Department decided that making CBD and CBD related products illegal again was a step in the right direction.
However, this did not actually end up happening, because Texas decided to put a hold on getting rid of all CBD products so that the lawmakers of the state had a bit more time to review this legislation and determine whether it was really necessary or not.
Interestingly, this development came just a couple of years after Texas decided to introduce low-THC CBD into the medical system with the aim of helping patients who have epilepsy.
Even this legislation didn’t seem to trickle down through the ranks too far, because just 600 epilepsy patients were approved for a medical marijuana card during this time.
However, to make things even more confusing, CBD oil has remained available to buy both in stores and online throughout this entire narrative.
So, what does all this mean, then? Is CBD actually legal to be used for medicinal purposes, or can you get in trouble for possessing it and purchasing it?
This article covers everything you need to know about what the law in Texas currently looks like around CBD and how the 2018 Hemp Farm Bill has affected this, not only in Texas but in other American states as well.
A General Overview of Texas Cannabis Laws
You may not be surprised to find out that Texas has been one of the most fickle states when it comes to CBD and cannabis legislation. Apart from a bill introduced in 2015 that suggested cannabis should be legalized for both recreational and medicinal use, not a lot has happened since then when it comes to cannabis-related legislation.
What’s more, you can still be charged and sentenced to 180 days in jail if you’re ever caught with the smallest amount of weed – and this is despite pro-marijuana activist groups working hard to change the Texan law.
Currently, the only legislation around the use of cannabis has come from – you guessed it – 2015 and was called the ‘Compassionate Use Act.’ Like we mentioned above, this act only let patients who had been previously diagnosed with epilepsy obtain cannabis for medicinal use.
Additionally, the cannabis they received wasn’t allowed any more than 0.5% THC, and a minimum of 10% CBD. In other words, the rules and regulations around it were incredibly strict and only permitted it to be used for one specific health condition. It still made it incredibly difficult for healthcare professionals to prescribe it and kept it widely unavailable for people who needed it.
Of course, this led the Healthcare Department to become vigilant with potential ‘lawbreakers’ – individuals or healthcare professionals who were selling or prescribing it to people who hadn’t been diagnosed with epilepsy.
It gets even weirder, though – currently, there is no law that forbids stores to sell CBD and cannabis-related products, despite the legislation that was passed back in 2015.
What’s frustrating to people is who is in charge of keeping tabs on this legislation. Many people believe that it’s not the Healthcare Departments job to track down people who may be selling it illegally, but instead the Texas Department of Public Safety.
This angered people who sold their products through stores because it meant that they believed the wrong department was hunting them down. Even worse, a lot of people considered the Healthcare Department to have no right to do so.
Some retailers still remain convinced that it is their legal right to sell cannabis-related products. In fact, some store owners are prepared to take legal action if the Healthcare Department comes knocking.
If You Live in Texas and Don’t Know What CBD Is
In case you’ve been reading this whole time and are still entirely in the dark about what CBD is, then let us enlighten you. CBD is one of over a hundred cannabinoids that can be found and derived from the cannabis plant. With a growing list of research and studies pointing to all the health benefits it may contain, it’s quickly overtaking THC in terms of popularity.
The most significant difference between THC and CBD is that CBD cannot get you high. This is because it doesn’t contain any of the psychoactive properties that you’ll find in THC. This is actually one of the reasons that it’s become so popular in recent years because it’s considered a great natural remedy and alternative to THC for patients who don’t like getting high.
It wasn’t that long ago that all forms of CBD were legal in America. Since the Farm Bill of 2014, however, industrial hemp has been permitted to grow, and this type of hemp only contains 0.3% THC, which means it’s impossible to get high from taking or using it. This bill ended up completely changing the CBD oil industry because it meant that hemp was now legal for medicinal purposes in all fifty U.S. states.
This and another bill that was passed in 2018 means that CBD is no longer on the DEA’s list of controlled substances, which means on a federal level it’s legal for you to purchase, take and possess it.
Many people weren’t going to wait around for the passing of these bills, however. For quite a while now, CBD has been known as an excellent natural remedy and a great alternative to prescription medication that can help with a whole host of health conditions. These include arthritis, chronic pain, and even Chron’s disease. Additional health conditions that may benefit from the use of CBD include mental illnesses such as anxiety and depression.
Based on all of this exciting information that may well be brand new to you, you may be wondering how you can get your hands on some CBD oil if you live in Texas?
While the long answer is nothing short of confusing, the short answer is a little easier to understand. It’s yes. However, this doesn’t mean that CBD is actually legal in the state.
While there is a long list of trustworthy CBD oil sellers online that can ship to all fifty U.S. states, technically it is still illegal to use or possess CBD unless you are a patient who has a valid medical card.
Additionally, the 2018 Hemp Farm Act meant that individual states still reserved the right to keep cannabis and CBD illegal, even if this isn’t what legislation said at a federal level.
So, does this mean that you might get caught and charged by the police if you get a bottle of CBD oil shipped to your home? We doubt it.
While we’re not lawyers and can’t give legal advice, we certainly haven’t heard of anyone being arrested in this type of circumstance. So while you certainly can’t take our word for it, it’s worth knowing that the chances are incredibly slim.
How Does CBD Oil Work?
With all this talk about the legality of CBD, you may still be sitting there wondering ‘how does CBD actually work?’
Let’s talk about this. In your body, you have an interesting system called the endocannabinoid system. Essentially, this could also be called your body’s internal regulator, which means it’s responsible for keeping a lot of things in check including your moods and your immune system. You may be surprised to know that this system within our bodies actually produces its own cannabinoids, which help the body function properly.
When we take CBD, experts believe that it interacts directly with our endocannabinoid system, naturally encouraging it to keep producing cannabinoids at a rate that is healthy. With a healthy dose of cannabinoids on board, our body is able to fight illness, pain, and mood conditions like anxiety and depression.
What a lot of the research has also shown is that many of the cannabinoids that are found in the cannabis plant can interact positively with our endocannabinoid system. This means that there are potentially over one hundred cannabinoids that could be beneficial to our health.
An Overview of CBD Oil in Texas
While many other states around the country are quickly warming up to the idea of CBD becoming legal for medicinal purposes, Texas remains stubborn and slow to change.
Just to reiterate what we’ve talked about, if you live in Texas, then you can only be prescribed CBD if you have been diagnosed with epilepsy. You also have to show that your epilepsy hasn’t benefited from taking at least two prescription medications that are FDA-approved.
Furthermore, you need at least two healthcare professionals to give you the all-clear. You know how big Texas is, right? There are only eighteen doctors in all of Texas who are currently qualified enough to give their patients the all-clear for this type of treatment.
We think it’s needless to say at this point that Texas is doing everything it can to make it challenging to obtain CBD oil on a therapeutic level. The laws around CBD make it virtually impossible for the average patient in Texas to use it as a viable treatment. What this means is that you literally have no choice but to buy it from an online retailer.
So, while sourcing your CBD online isn’t exactly legal in Texas, because the levels of THC are so low when you find a quality vendor and product and it’s made from industrial hemp, technically you aren’t doing anything wrong on a federal level.
There are thousands of people around America that have CBD oil shipped to their home to use it for medicinal purposes, and it’s highly likely that they will continue to do so without running into any issues.
Companies that Deliver CBD Oil to Texas
Luckily, there are a bunch of reputable companies that can deliver CBD oil to you in Texas.
At the end of the day, we have to be honest and say that if you’re a resident of Texas, then the prospect of CBD oil becoming legal and available for any patient that needs it anytime soon is pretty low.
However, we are still hopeful that as time goes on, lawmakers in Texas will see the light and loosen legislation enough for CBD to be made available for those that need it.
For now, if you live in Texas try to hang in there, and remember there are some excellent online retailers who can deliver you pure, potent CBD oil right to your front door. This is your best option while we all wait for the state of Texas to catch up with the times.
References and Further Reading
1. Hemp Farming Act of 2018 – Wikipedia
2. Transdermal cannabidiol reduces inflammation and pain-related behaviours in a rat model of arthritis
3. Cannabis and Pain: A Clinical Review
4. Cannabis finds its way into treatment of Crohn’s disease
5. Cannabidiol as a Potential Treatment for Anxiety Disorders
6. 2014 Hemp Farm Bill Section 7606
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