There are approximately more than 100 cannabinoids in the cannabis plant but the two most important are THC and CBD. State-level and federal level legislators have started to agree on a point of therapeutic benefits of CBD including CBD oils. CBD products are now widely available in the Taxes. The people of Texas can now enjoy various therapeutic benefits of cannabidiol for various ailments. The acceptance of new laws and bills regarding the CBD in Texas for CBD has brought an essential milestone for alternative treatment for chronic illness like pain and anxiety for the people and unsurprisingly the demand for the legal CBD is already sky-high in Texas.
In this article, we will look at the legal status of CBD in Texas, CBD laws, and CBD legal status for minors.
The Legal Status of Hemp Production and CBD in Taxes
Governor Greg Abbot which makes the CBD legal in taxes signed House bill 1325. The legal CBD contains less than 0.3% of the THC. This House Bill 1325 becomes a law and came into effect by September 2019. This law defined
- The hemp plant as the cannabis according to the Agricultural code.
- All the CBD derivatives, cannabinoids, and extracts should contain no more than 0.3% THC content
- For the hemp production plan, the state Department of State Health Services and the Department of Agriculture should corporate.
- Amendment in the Health and safety code as hemp is excluded from the list of control substances as it does not contain THC.
- Hemp is separated or excluded from marijuana definition
With the adoption of HB1325, people of Texas are no longer in fear of getting penalties for the procession of CBD derived from hemp like CBD oil. The laws related to CBD oil production and sale are still restrictive within the state. Under new CBD laws, the CBD must be checked and test for potency and purity for making all CBD products compliant with rules and regulations. CBD is legal in Texas for the Texas residents if the concentration of THC falls below 0.3%. CBD products from marijuana containing THC more than 0.3% are illegal and fall in the cannabis medical program where the limit is less than 0.5%. In Texas, it is perfectly legal to buy CBD products online as far as they are derived from Hemp
CBD Licensing Requirement in Texas
Texas introduces medical CBD cards for the people requiring the CBD products for the medicinal purpose through Texas Compassionate Use Program. Texas department of agriculture set the rules and regulations for the licensing and cultivation of hemp for manufacturers, processors, and growers. Application for the production of hemp can be approached through the Department of Agriculture Texas website. A registration process has been created by the texas department of health services for the retailer to sell CBD legal in Texas.
Sale of CBD oil Without Approval from the FDA
Unapproved CBD sellers which claim the therapeutic uses of CBD oils under current laws are not approved by FDA and FDA may consider it as a new drug and new drugs cannot be introduced in the market without the approval of the FDA. FDA only approves the new drug with significant scientific data on clinical trials, effectiveness, and safety. As the CBD product may lead to self-diagnose of condition that is why the direction of use cannot be mention on the product for layman safety purposes. This may lead to defining such products as misbranded and to sale misbranded products in the market is considered a violation of FDA laws.
Is CBD Legal for Minors?
With the signing of House bill 1325, CBD products containing less than 0.3% THC is considered legal for teenagers, children, and adults. As a general rule, you should be extra cautious to be when giving any kind of supplements to minors and pregnant women. The reason is the effect of THC on the development of the brain in adolescents.
There is a drug that is purely CBD and its name is Epidiolex, prescribed for children suffering from intractable epilepsy. This drug is approved by the food and drug authority of the US and is a prescription drug. This is the only health insurances covered CBD drug.
Taxes Medical Cannabis Oil Program
Texas compassionate use Act was passed in the year 2016. With this act, there was the beginning of cannabis reforms within the Texas state. This law made the CBD legal in Texas for minors which are low in content THC for treating epilepsy. This Act was also under critic because of its limited approach for CBD products. In Texas getting a medical card for CBD use in epilepsy is also not that easy and has many roadblocks including a licensed medical practitioner prescription. At the federal level doctors are prohibited from prescribing CBD in Texas. People are purchasing CBD products online which for sure is a criminal act but on the other hand, parents very much seem torturous for getting approval of CBD products for their child.
Texas is proceeding very slowly with the medical marijuana program and only three companies are approved for manufacturing and selling cannabis oil in the state. State cannabis law emphasis that the CBD oil must contain THC less than 0.5% while hemp-derived CBD oil should be less than 0.3%.
Common drug-related item marijuana paraphernalia was found by law enforcement. This paraphernalia includes anything that can be used for harvesting, growing, transportation, selling, packaging, and using marijuana.
- Keeping paraphernalia in the procession is punishable with a fine of $500.
- The examples of paraphernalia are pipes, rolling papers, and clips, lighter, weighing scales, and plastic bags.
- The punishment of selling paraphernalia is punishable by law with an imprisonment of 1 year and a fine of $4000.
- Selling this to minor is also punishable by law with 180 days imprisonment to 2 years of imprisonment and fine of $10,000.