Is CBD Oil Legal?

Is CBD Oil Legal

Is CBD oil Legal? Yes if it has not more than .3 THC, Tetrahydrocannabinol.


What is Tetrahydrocannabinol?

It is THC. It is primary psychoactive chemical in Cannabis Sativa. Hemp is a strain of cannabis with a lower THC level and also containing Cannabidiol.

Cannabidiol. What is it?

Cannabidiol is CBD. This is a non psychoactive element in hemp that provides relief to conditions such as pain, insomnia and anxiety.

Is CBD Oil Legal in Texas?

Yes. It must contain materials extracted from hemp and not derived from the plant Cannabis Sativa L. The CBD oil must be sampled by an accredited laboratory. The lab must be accredited in accordance with International Organization for Standardized ISO/IEC 17025 or a comparable or successor standard. The testing must show a Delta-9 THC concentration of not more than .3 percent.

Federal Hemp Laws

Texas CBD oil must be produced in compliance with the federal definition of hemp in the Agricultural Code.

(1) Hemp

The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

How To Sell CBD Oil?

Retailers are required to register the Department of State Health Services to sell CBD oil. The owner, operator or person in control of sales must register each location owned, operated, or controlled unless that person is an employee of the registrant or independent contractor a registrant.

Registration is valid for one year and may be renewed yearly.

Under Sec. 443.203 of the Texas Agriculture Code, CBD oil sold must be manufactured in compliance with the Texas Hemp law or the retailer can be held accountable under the Business and Commerce Code Subchapter E Chapter 17 of the Deceptive Trade Practices.

A person violates the Texas Business and Commerce Code if he or she sells CBD oil that:

  • Contains harmful ingredients
  • Is not produced in compliance with 7 U.S.C. Chater 38, Subchapter VII or
  • Has delta-9 tetrahydrocannabinol concentration of more than .3 percent

What States is CBD Oil Legal 2019

State CBD Legal Status
Alabama Written Certification
Alaska Legal
Arizona Legal
Arkansas Legal
California Legal
Colorado Legal
Connecticut Legal
Delaware Legal
Florida Legal
Georgia Possibly Legal. Law Appears Not Enforced.
Hawaii Legal
Idaho Legal With 0.0 THC
Illinois Legal
Indiana Legal
Iowa Written Certification
Kansas Illegal
Kentucky Legal
Louisiana Legal
Maine Legal
Maryland Legal
Massachusetts Legal
Michigan Legal
Minnesota Legal
Mississippi Written Certification
Missouri Written Certification
Montana Legal
Nebraska Written Certification
Nevada Legal
New Hampshire Written Certification
New Jersey Legal
New Mexico Legal
New York Legal
North Carolina Legal
North Dakota Legal
Ohio Legal
Oklahoma Legal
Oregon Legal
Pennsylvania Legal
Rhode Island Legal
South Carolina Legal
South Dakota Illegal
Tennessee Legal
Texas Legal
Utah Legal
Vermont Written Certification
Virginia Written Certification
Washington Legal
West Virginia Legal
Wisconsin Legal
Wyoming Legal

Can I manufacture consumable hemp products?

“The manufacturing license for consumable hemp will not be available until the USDA approves Texas’ hemp plan. That plan is under development by TDA. State licensing rules and requirements relating to the manufacture of consumable hemp products may only be proposed after the approval of the plan by the USDA.

Until the plan is approved and rules are in place, current law applies. Only ingredients on the FDA’s Generally Regarded As Safe (GRAS) list or otherwise federally approved may be used in foods, drugs, cosmetics and dietary supplements. There are currently three hemp-derived products on the GRAS list; hulled hemp seeds, hemp seed protein and hemp seed oil. Manufacturers of these products are governed by Health and Safety Code Chapter 431. Manufacturers interested in producing consumable hemp products not containing CBD may currently apply for a DSHS food manufacturer license.”

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Author: Eric Torberson

Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.