In the state of Texas, the issue of cannabis caused a lot of debate, There have been legal battles over whether cannabis should be used for medical purposes and whether CBD oil should be used. In April 2018, there was even a possibility that CBD infused products like CBD oil would be outlawed from store shelves and online by the Department of State Health Services. This didn't happen, but measures like this have brought a lot of confusion among residents about whether CBD oil legal in Texas.
Three years before the attempted DHSH regulation, medicinal use of low THC cannabis was made legal in Texas for epilepsy treatment, and later for treatment of other conditions. This expansion greatly increases the number of people that could potentially use CBD oil for medical purposes.
CBD Oil Legality In Texas
When it comes to cannabis legislation, Texas is known for being difficult. A 2015 House Bill was proposed that would have made it legal for adults to carry and use any amount of cannabis, but it was ultimately struck down. Since then, there hasn't been a lot of advancement in making cannabis legal. Although activists in favor of cannabis legalization have fought for it, their efforts haven't produced much results. So far, only the Compassionate Use Act has passed, which allows for CBD oil and other products that don't have more than 0.5% THC and have at least 10% CBD by weight.
Even with the low THC CBD oil regulation in place. Doctors are still at odds with federal laws. The law doesn't view cannabis as medicine, and as such, they have trouble recommending low THC CBD oil. Many who used CBD oil without a medical diagnosis were technically considered in violation of Texas law, and the DSHS once thought about exerting pressure on stores that sold CBD products. An attorney for the Texas Cannabis Industry Association pointed out that any governing of cannabis and products related to it would have to be done by the Texas Department of Public Safety, rather than the DSHS.
Hemp Legislation And Marijuana Legality
Texas passed House Bill 1325 in 2019, which made hemp legal. Retail stores rejoiced because it they would be able to sell and stock their CBD oil products without worry. Given that law enforcement officers can't distinguish between marijuana and hemp, marijuana gained a bit of decriminalization. The smell, taste, and look of buds from marijuana and hemp look the same, and the only way to fully tell the difference is by looking at their chemical composition. Advanced equipment is needed to look at the chemicals that make up marijuana and hemp, which law enforcement officials currently don't have access to, which has caused many criminal charges related to marijuana to be delayed or dropped in Texas.
CBD vs THC
While both CBD and THC are both cannabinoids that are found in cannabis, they differ in the fact that THC produces a psychoactive effect, while CBD doesn't. This is caused by the THC binding with a cannabinoid receptor called a CB1 receptor, which is found in the brain. Industrial hemp, which has less than 0.3% THC, was made legal for cultivation by the U.S. Farm Bill in 2018. Many companies market their CBD for epilepsy treatment, which prevents it from being added to foods under FDA regulations. Still, CBD oil is no longer on the Controlled Substances list by the DEA, which makes it legal to buy in stores and online.
The Science of CBD Oil
An endocannabinoid system exists within the human body. This system act as a regulator that helps the body to maintain homeostasis. Things like temperature, appetite, feelings, pain, and even emotion are all handled by it. Through this system, cannabinoids are naturally produced and even help the body to heal when necessary.
The consumption of CBD encourages the production of these cannabinoids when the CBD interacts with the ECS. The effects of this interaction have been studied by scientists, which is what resulted in them being used for the treatment of different conditions.
Is It Actually Legal For Texas Residents To Use CBD Oil?
The passing of things like the Farm Bill, and the rejection of other laws, just add more confusion that keeps people from truly knowing if they can legally use CBD oil in Texas. There is a low THC oil option, but as for other options, Texas residents have many questions. In truth, without a recommendation from a doctor, it's still not legal to have CBD oil. Even with this in mind, stores all over the country and online will ship CBD oil to Texas and every other state in the U.S., even without being recommended by a doctor.
Possession without the recommendation for a condition is against the law, and even though the Hemp farming act is in place, the state can get the final say in what can be used or sold in the state. So while CBD oil can have legal status in the eyes of federal law, the state can say otherwise and outlaw the usage and sale of it entirely. At the moment, there has been an increase in stores that sell CBD products right in the heart of Texas without any kind of push back from the government. It seems the chances of being arrested for having CBD oil may not be as high lately, but only a legal professional can say for sure.
The U.S. will face a lot of changes in how it legislates the usage of cannabis and CBD oils, and Texas will have to deal with this by either going along with what other states are doing or creating its own laws. Currently, only those who are suffering from certain conditions and have recommendations from doctors can get CBD oil for medical purposes legally in Texas. While the clashing of state laws and federal laws create a legal headache for residents and store owners, those who wish to obtain CBD oil in Texas can rely on online options.