Is CBD Legal In Texas: What You Need To Know

By Drake Equation •  Updated: 01/10/23 •  5 min read

If you live in the lone star state and are a fan of CBD, you might be wondering whether CBD gummies are legal in Texas? Here’s everything you need to know…


America is a funny place. In one state, say Colorado, you can walk into a dispensary and buy yourself a bag of the finest Kush in all the land. But just 744 miles down the road in Texas, you’d do hard prison time for possessing the same bag of goodies.

Meanwhile, in Canada, weed is completely legal. Ditto CBD. And this trend of legalisation is starting to occur overseas as well; places like Germany, for instance, and now gearing up for legalisation which will be a huge boon for tourism in places like Berlin.

But what is the legal status of CBD in Texas? No one wants to get on the wrong side of the law, especially when it comes to controlled substances, so what is the deal with buying and using CBD in Texas?

I am many things. But one thing I am not is a lawyer. I do not claim to know anything about the law, so in order to answer this question correctly, I will defer to a statement from an actual Texas-based law firm, The Sharpio Law Firm:

THC (tetrahydrocannabinol) is the psychoactive compound in cannabis. When it makes up 0.3% of a smokable or ingestible product, THC is illegal in Texas.

CBD (cannabidiol) is a non-psychoactive product derived from cannabis, either marijuana or hemp. CBD, as long as it contains no more than 0.3% THC, is legal to possess and regulated to sell in Texas.

Substances that contain more than 0.3% THC re illegal in Texas.

For a full breakdown of CBD’s legal status in the USA, please refer to our Is CBD Legal In My State guide.

Is CBD Legal In Texas

As you can see, Texas has no issue with you buying and using CBD. This goes for CBD oils, tinctures, and things like CBD gummies. But this is predicated on the fact that the CBD you’re using does not contain anymore than 0.3% THC.

And that is a hard ceiling for law makers there too, so please do keep that in mind when buying CBD for use in the state.

Best CBD For Texans (Meaning No-THC Content CBD)

Fortunately, there’s plenty of options for pure CBD products that contain zero THC on the market right now.

Me? I tend to use CBDMD; it has a huge range of products, from CBD gummies to oils to stuff like Delta 9 which is a synthetic version of cannabis that exists in a kind of grey area with regards to the law.

And, yes, Delta 9 is psychoactive, meaning it WILL get you stoned.

With CBD, if you’re new to using it, you’ll want to ensure that you A) get the highest possible quality product, B) that it is made in the USA, and C) that it doesn’t contain any THC.

CBDMD ticks all those boxes which is why I use it and recommend it above all other CBD companies right now.

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It just removes any potential worries about THC content. I don’t want that on my back, not if you get pulled over and are made to do a drug test.

In addition to this, using CBD with no THC, is great news for anyone that A) has to do random drug tests, or B) just doesn’t want any traces of THC in their system.

Not that THC should really concern you; plenty of modern studies are now extolling its virtues as a rather miraculous compound that not only has practical uses in medicine, but also for treating other types of disorders and diseases.

Drugs containing cannabinoids may be helpful in treating certain rare forms of epilepsy, nausea and vomiting associated with cancer chemotherapy, and loss of appetite and weight loss associated with HIV/AIDS. In addition, some evidence suggests modest benefits of cannabis or cannabinoids for chronic pain and multiple sclerosis symptoms. Cannabis isn’t helpful for glaucoma. Research on cannabis or cannabinoids for other conditions is in its early stages.

NCCIH


CBD Usage In Texas FAQs

Are CBD Gummies Legal In Texas?

CBD gummies are completely legal in Texas, providing the THC content is below 0.3%. If your CBD gummies – or any other type of CBD product – contains more THC than that, you’re breaking the law in Texas.

Is Weed Legal In Texas?

Marijuana is illegal in Texas. Possession of up to two ounces is a misdemeanour offense punishable by up to 180 days in jail and a fine of up to $2,000. Possession of more than two ounces, known as a felony amount, can land you in state prison with a fine up to $10,000

What Happens If You Get Caught with CBD in Texas?

If you’re caught with CBD that has more than 0.3% THC content, you’ll be booked under Penalty Group 2 which could mean a fine of up to $10,000 and 180 days to two years in prison.

Do You Need a Card For CBD In Texas?

You do not need a CBD card to buy and use CBD in Texas, providing the CBD you use contains less than 0.3% THC. This is why it is very important to ONLY ever use CBD from companies that provide guarantees about the amount of THC in their product.

Drake Equation

Co-founder and Editor of VapeBeat. I make the words.

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