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Are CBD Oils Legal in Texas?

CBD oils have proven to be beneficial for a range of different neurological and physical ailments — from reducing anxiety to assisting with pain to even minimizing seizures.These are also just a sampling of what CBD oil can do for our minds and our bodies. However, it’s still illegal in many states, especially southern ones like Texas. Are CBD oils legal in Texas? We answer this complex question below.

What the Feds Say

Generally speaking, federal law blankets the whole of the nation with specific regulations. In certain circumstances, however, state law can trump federal law. This is what we run into with the legality of CBD oils. Technically speaking, CBD oil is legal throughout the United States under the Farm Act of 2018, but in this instance, the individual state law is able to go above the federal regulations. This means that even though it’s legal over the whole of the US, if a state deems it illegal, you can still be prosecuted for possession of CBD oil. 


Where Does Texas Stand?

Like many other states, Texas has passed many notable laws in response to the Farm Act of 2018. These bills have been introduced to embrace CBD oil and what it can do for agriculture within Texas. Among these bills passed is the Texas Agriculture Code, Chapter 121 which regulates the production of CBD in the state of Texas, and the Texas Agriculture Code 122, which includes proper licensing and testing of CBD products. Essentially, Texas is one of the states that have embraced the production of CBD oil through agricultural improvements within the state. 


The Weather is an Issue

Agriculture, including CBD production, is a big deal in Texas! Bringing in hemp plants for production and farming purposes has been a rollercoaster ride for many. Farmers are looking forward to producing CBD oils and other products from legalized hemp plants — but they must be careful. Under federal regulation and Texas state regulation, THC levels must be kept under .3% for the product to be able to be legally sold in the state. However, the glaring problem with THC levels is that they are fickle during the growing process. 

Rain levels can drastically affect THC levels in hemp plants. Too much rain and the THC level drops — which can help to maintain the legality of the substance, but may diminish its overall effectiveness and quality. At the other end, too little rain can drastically increase THC levels in hemp plants, leading to the potential of an entire crop instantly becoming illegal. And Texas has had some major droughts in recent years.

What to do About the Weather

Weather issues will arise when planting hemp plants for legal CBD oil in Texas. The fact of the matter is that although not regulated, the farmer should always monitor the THC levels of their crop throughout the growing process. Keeping tabs on THC levels will ensure the farmer sticks to regulations and does not violate federal and state laws so that they will ultimately be able to keep their profit margins in check. 


Shaky Ground

CBD oil and other CBD related products are becoming more popular than ever before in Texas and throughout the country. Texas is quickly becoming a large grower of hemp plants for CBD oil products — but there is still so much to learn. For the buyer of CBD oil in Texas, it’s important to only buy from certified purveyors of legal products in order to avoid possible legal ramifications. The future is bright for the CBD oil industry in Texas, but there’s still a lot of learning to do and changes to be made before the industry is allowed to fully prosper.

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