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Frequently Asked Legal Questions

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22449 views   |   25   |   Last updated on Nov 08, 2023    Criminal Law Cannabis/Marijuana

CBD products are legal in Texas if they comply with state and federal laws regulating manufacture and sale of such products.

What is CBD?

CBD is short for cannabidiol, a compound found in the Cannabis sativa L. plant. It does not alter the mind or cause a "high" unlike the mind-impairing compound tetrahydrocannabinol (THC). These and other similar substances found in the cannabis plant are known as cannabinoids. If you have questions about CBD use for medicinal purposes, please ask your doctor or healthcare provider.

What are CBD products?

Products containing CBD are included in the broader category of "consumable hemp products." They are defined in Section 443.001 of the Texas Health and Safety Code:

(1) "Consumable hemp product" means food, a drug, a device, or a cosmetic […] that contains hemp or one or more hemp-derived cannabinoids, including cannabidiol [CBD].

You might see a variety of hemp-derived CBD products for sale, including oils, lotions, drinks, and gummies. All of them must be produced, labeled, and sold according to strict regulations.

Manufacturing or processing consumable hemp products for smoking is illegal in Texas. This law is in Health and Safety Code Section 443.204. However, if such products were legally produced and manufactured in another state, their sale might be legal. More details on the topic can be found on the Texas Department of Public Safety's Consumable Hemp Products FAQ page.

What is hemp? Is it the same as marijuana?

Hemp and marijuana are two different varieties of the cannabis plant. Even though they belong to the same species, different growing practices over the centuries resulted in different plant characteristics.

"Hemp" describes cannabis plants that are very low in THC. It has been historically grown for industrial uses like textiles, food production, and industrial goods. In Texas, 0.3% is the maximum concentration of delta-9 THC allowed in hemp and hemp products. This law can be found in Section 121.001 of the Texas Agriculture Code.

Low-THC cannabis for medical use may contain up to 1% THC. Texas laws authorizing medical use of low-THC cannabis by patients with certain health conditions can be found in Chapter 169 of the Texas Occupations Code. To learn more about the Compassionate Use Program, see our FAQ Is medical marijuana legal in Texas?

"Marijuana" or "marihuana" describes cannabis with a higher THC concentration. It remains illegal under state and federal law. In Texas, laws prohibiting possession or delivery of marihuana are in Chapter 481 of the Texas Health and Safety Code.

Can I make or sell my own CBD products?

To grow or handle hemp plants in the state of Texas, you must have a hemp grower’s license. This requirement is listed in Chapter 122, Subchapter C of the Texas Agricultural Code. See the Texas Industrial Hemp Program page for more details about the licensing process. The program is administered and managed by the Texas Department of Agriculture.

To create, modify, or process consumable hemp products, you must have a consumable hemp product manufacturer license. Manufacturing includes "preparing, compounding, processing, packaging, repackaging, labeling and relabeling," as stated by the Texas Department of State Health Services (DSHS). For more information about the licensing process, please see the department's page on Consumable Hemp Product License Process 

To sell CBD products, you must be registered with DSHS. This requirement is listed in Section 443.2025 of the Health and Safety Code. Vendors may apply for a retail hemp license online.

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