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Is CBD Legal in Texas?

Bryan McAllister

By Bryan McAllister

September 13, 2022

Is CBD legal in the state of Texas? The easy answer is “yes,” as a trip into nearly any smoke shop, alternative medicine retailer or health goods store will provide a plethora of CBD-infused items available for purchase. But that doesn’t cover the entirety of the tale, and there are important exceptions to CBD and industrial hemp under Texas law any that all consumers should be aware of. Let’s go over the details in full below.

Legality of CBD In Texas

As mentioned at the top, cannabidiol, or CBD, is fully legal in the state of Texas, as well as nation-wide inside the United States. In line with federal regulations, so long as a product does not contain more than 0.3 percent Delta-9 THC, it may be sold on store shelves within Texas borders.

There is, however, one CBD good that cannot be manufactured or processed for sale — smokable products made from hemp. Though still ostensibly containing less Delta-9 THC than the federal/state limitation, and while smokable hemp products manufactured outside of the state borders may be

within stores, companies cannot process or produces those products themselves within Texas lines.

Dosage of a dry medical cannabis bud from above
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Why is Smokable Hemp Illegal in Texas?

When CBD and other non-Delta 9 THC cannabinoids were essentially made legal nation-wide in the passing of the 2018 Farm Bill, many states followed with their own bills and laws meant to regulate hemp growth — and consumption — within their borders. Texas in particular was one of several states — Georgia, Iowa and North Carolina alike — that banned the production of raw hemp meant for smoking purposes.

A 2019 challenge to this law from local hemp manufacturers found success within the city of Austin, but was later reversed by the state Supreme Court, with Justice Jeff Boyd

in the ruling as saying the all-Republican court “conclude[s] that the manufacture and processing of smokable hemp products is neither a liberty interest nor a vested property interest”.

What CBD Products Are Legal In Texas?

Again, despite the actual ban of manufacturing and processing smokable hemp goods within state borders, said products are still allowed for sale so long as they are created out-of-state. With that in mind, any CBD product that can be found on store shelves elsewhere can also be found within Texas, ranging from gummies to bath bombs to salves and tinctures.

Is Full Spectrum CBD Legal in Texas?

As mentioned in our big article on “

“, the differences between different types of CBD products often come down to how many other cannabinoids are present. In particular, full-spectrum CBD products, which contain no greater than 0.3 percent Delta-9 THC, are considered fully legal under Texas state law.

Cropped shot of a relaxed senior man preparing a cup of tea with CBD oil inside of it at home during the day
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How Old Do You Have to Be to Buy CBD in Texas?

Neither federally nor at a state level is CBD restricted to certain age groups; there are no age restrictions for purchasing CBD within Texas state borders. However, CBD products may not easily be found at establishments that allow minors to enter (IE: alcohol or tobacco stores), and some vendors may only sell CBD-related products to those 18 and up. However, there is no concrete law establishing age requirements for CBD purchase within the state.

Where Can I Buy CBD in Texas?

Though CBD can be found nearly anywhere these days, where you purchase your cannabis products can be important. In a world with lax regulations, ill-defined laws, and

, ensuring that the quality of your CBD goods is up-to-standard can be a life-saving measure.

Though knowing

is important, so is purchasing from a reputable source to begin with. Be on the lookout for establishments that don’t primarily cater to audiences seeking medical relief, such as smoke shops or gas stations, and consider buying online directly from a CBD manufacturer; eliminating the middle man can help bring additional peace of mind and savings alike.

Do You Need A Prescription To Buy CBD In Texas?

No. Though Texas does have an official medical marijuana program — often regarded as one of the strictest in the nation — CBD is available without a prescription; and, in fact, CBD cannot be prescribed, as all CBD “supplements” are manufactured for sale exactly as that: supplements, without definite claims of health benefits. In this, many states with medical cannabis access do not allow for doctors to “prescribe” cannabis as a treatment, only “recommend” it as a potential remedy.

Wrapping Up

If you’re looking to buy CBD in Texas than the above should be good news for you; much like other states, CBD is legal in Texas (so long as you’re not looking to manufacture smokable hemp goods within the state borders, that is). No matter which form you choose to consume, we hope you enjoy and, as always, wish you happy smoking!

Bryan McAllister

About The Author

Bryan McAllister

HIGH THERE MISSION

WE’RE A CREATIVE COMMUNITY — EXPLORING THE SCIENCE, CRAFT, AND CULTURE OF CANNABIS.
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