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is cbd oil legal in texas

Confusion on the part of law enforcement has led to the wrongful arrests of some in possession of CBD or hemp even after the Texas law went into effect. Still, the policy change is an important step on the way to allowing Texans to partake without fear of reprisal, according to Lisa Pittman, a lawyer on the Texas Department of Agriculture’s industrial hemp advisory council.

Today, the market for CBD, or cannabidiol, is exploding. Stores are popping up across the state selling tinctures and topicals. It’s being mixed into smoothies and coffee at cafes. Spas are advertising CBD massages and therapies. And much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

Booming business

But buyer beware, experts warn. Anyone can sell CBD in Texas. Many of the products are advertised as natural alternatives to prescription medications and make unfounded claims to treat conditions like chronic pain, depression, anxiety, insomnia, diabetes and psychosis. None of these claims are recognized by the U.S. Food and Drug Administration.

by Naomi Andu Jan. 23, 2020 12 AM Central

The Torabis started with a pop-up store and expanded to a permanent location last April, a month before Texas law changed.

And because of lax labeling and licensing regulations, unsuspecting consumers may not actually know what they’re buying.

Texas law enforcement has no guidelines or equipment to test the THC content of a CBD product. In most cases, it is your word against the word of a law enforcement officer. For example, what you call a hemp extract, law enforcement may very well say it’s actually marijuana. On the other hand, hemp-derived CBD and marijuana products look, smell, and taste the same. There is no way to differentiate between the two products by looking, smelling, or tasting them. The only way to tell the difference is to measure the actual THC content of the product.

A supplier that submits its products to third-party tests would make the information available on its website. You should avoid buying CBD products from any supplier that doesn’t share the testing results. Buying from such suppliers may put you on the wrong side of the law. Hence, always opt for a reliable supplier when purchasing CBD products in Texas.

Mind you, cannabis and CBD laws are somewhat confusing in Texas. Marijuana is still illegal in the state. Possessing up to two ounces of marijuana classifies as a Class B Misdemeanor in Texas. It warrants up to $2,000 in fines and 180 days in prison. The possession of cannabis was banned entirely in Texas before 1973. Anyone possessing the substance in any quantity would face between two years and life in prison during those times.

Avoid CBD- Related Troubles With Texas Law Enforcement

Cannabidiol or CBD is one of the hundreds of chemical compounds found in the cannabis plant. It’s the second-most abundant cannabinoid in the plant after THC or tetrahydrocannabinol. One of the essential characteristics of cannabidiol that its non-intoxicating properties. On the other hand, THC has intoxicating properties and makes you high. Hence, CBD may work as a therapeutic compound due to its purported beneficial effects that don’t come attached to a high. CBD seems to have anti-anxiety, anti-inflammatory, analgesic, and seizure-suppressant qualities.

This system plays a vital role in regulating many physiological processes. In fact, affects our mood, energy levels, immune activity, bone density, blood pressure, digestion, and a host of other functions. The system also affects how a person experiences pain, stress, hunger, and more. Certain diseases come as a result of a malfunctioning endocannabinoid system. CBD can slow or stop the progression of diseases by modulating the endocannabinoid system.

Both CBD oil and CBD tinctures are legal in Texas for medicinal use if the product contains less than 0.3% THC and sourced from industrial hemp. Manufacturers extract CBD tinctures from the hemp plant using the alcohol extraction process, while there are many different methods for extracting CBD oil. CO2 extraction, steam distillation, alcohol extraction, and hydrocarbon extraction are the most effective in this regard. Even though CBD oil and CBD tinctures are similar in nature, they differ due to the extraction method. Most of the time, CBD tinctures have a higher concentration compared to CBD oil. Hence, CBD tinctures are ideal for micro-dosing for conditions that need instant relief.

Fortunately, the government changed the law to make the possession of cannabis a misdemeanor rather than a felony. The Texas Compassionate Use Act became law in 2015 and allowed medical patients with epilepsy to use cannabis with less than 0.5% THC. That said, Texas still has some restrictions regarding the use of CBD products you need to be mindful of.