CBD oil has gained popularity, and one can easily find CBD products in physical stores and shops, and online. However, while the Farm Bill of 2018 remains valid, legalizing CBD oil with less than 0.3% THC at federal levels, states have the mandate to set their laws regarding CBD oil, hemp, and medical marijuana. As a result, CBD laws vary from state to state. Therefore, consumers should be up-to-date with their state laws regarding CBD oil is important to avoid penalty fines or facing jail terms when found in possession of CBD oils. Despite Texas being one of the sought-after states, its CBD and cannabis laws have been confusing for the longest time. However, there have been minor improvements that might clear the doubts on the legality of CBD. Here is everything you need to know about CBD oil in Texas.

CBD Oil Has Been Illegal in Texas for a Long Time

CBD oil has been illegal in Texas for a long time, and being caught in possession of the cannabinoid warranted jail terms. For instance, Lena Bartula, a 71-year-old artist, was caught in the Dallas/Fort Worth International Airport with CBD products. Unfortunately, she had to be in the cells for many nights but was finally released without a charge. Many other people have been LEH for possessing cannabis products.

Is it Illegal to Possess CBD Oil Products in Texas?

 In 2019 June, Governor Abbott signed and passed House Bill 1325, allowing the possession and use of low-THC cannabis products. This did not mean that CBD oil products would be legal, but it meant decriminalizing cannabis plants with low THC concentrations. This bill aimed to save Texans from the constant arrests and severe jail charges they would incur from time to time because of CBD oil products’ possession.

Which CBD oil Products are Legal in Texas?

Unlike Wyoming, where one needs a doctor’s recommendation to use CBD products, most Texans can buy CBD oil products with less than 0.3% THC without a doctor’s recommendation. Texas is among the states that allow up to 1% THC in CBD oil products. However, possessing products with up to 1% requires one to meet certain conditions. For instance, one must be suffering from epilepsy or other conditions that necessitate CBD oil use, must have a doctor’s recommendation, a second physician must approve the first doctor’s recommendation, the individual must be a resident in Texas, and must be registered with the Compassionate Use Act Registry, 2021. Besides, they must have tried at least two FDA-approved medications and did not find relief in them.

Is one Required to Have a Certificate of Analysis?

As seen previously, Texas CBD laws do not require the general public to have a physician’s recommendation to use CBD oil products with less than 0.3% THC. However, an up-to-date certificate of analysis (CoA) reveals that your CBD oil’s total THC concentration is less than 0.3%.

Is Texas Likely to Legalize CBD oil Products with More than 1% THC?

There are signs that Texas might someday allow consumption and possession of cannabis products with more than 0.3%. When the Compassionate Use Act was first signed, it allowed the possession of hemp-derived products with less than 0.3% THC. However, in September 2021, Governor Abbott signed a bill that allowed people with some medical conditions and had found no relief in at least two FDA-approved drugs to be registered with the Compassionate Use Registry. This would qualify them to take cannabis products like CBD with 1% THC. The house of legislators pushed for the bill to make the maximum THC concentration in the decriminalized products 5%, but they failed. Seeing these legal processions, the maximum THC concentration in legalized cannabis products will likely exceed 1% someday.

Where to Buy CBD Oil Products in Texas

Following the recent advancements with the Compassionate Use Act, you can easily buy CBD oil products in Texas. There are many physical CBD oil dispensaries, stores, and shops in Texas, including Hemp360, CBD Kratom, and The American Shaman, that you offer CBD oil with less than 0.3% THC. Still, many reputable CBD brands in Texas sell CBD oil products online, and you can order the best product from them and have them delivered to your doorstep.

What Are the Laws Regarding Medical Marijuana in Texas?

Unless one is listed in the Compassionate Use Registry of Texas state, it is illegal to possess medical marijuana( MMJ) and CBD oil derived from it. One can spend up to 180 days for a misdemeanor if you are caught with MMJ products. In addition, growing more than 7g of MMJ without remuneration is a state offense and possessing more than 4 ounces of cannabis is a felony in Texas.


Although the Farm Bill legalized CBD oil with less than 0.3% THC concentration, state laws widely vary. Texas CBD oil laws allow people to possess CBD oil with less than 0.3% THC without a physician’s recommendation. However, to have CBD oil with up to 1% THC, you need to be registered with the Compassionate Use Registry.

Barbara is a freelance writer and a sex and relationships adviser at Dimepiece LA and Peaches and Screams. Barbara is involved in various educational initiatives aimed at making sex advice more accessible to everyone and breaking stigmas around sex across various cultural communities. In her spare time, Barbara enjoys trawling through vintage markets in Brick Lane, exploring new places, painting and reading.

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