Access to CBD in Texas requires patients go through a strict medical process that is available only to people with severe illnesses. Photo by: Gina Coleman/Weedmaps
Combine THC and CBD to fully employ the entourage effect.
Texas CBD laws
In addition to those state requirements, consumers should seek out only CBD products with the following information on labels:
The Texas Department of State Health Services formally removed CBD from the Schedule I controlled substances list on April 5, 2019, following the adoption of the 2018 Hemp Farming Bill, which federally removed CBD from the category.
What is CBD?
The federal government still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill allows for states to regulate or even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.
While his customers who rely on it are his number one concern, he says he’s at a risk of losing revenue. Delta-8 THC accounts for almost 40% of his overall sales.
“It is helping folks that are suffering from medical conditions like PTSD, arthritis, anxiety, sleep disorders,” said Zachary Maxwell, the president of Texas Hemp Growers, an association for Texas farmers, processors, retailers and consumers of hemp and hemp byproducts. Maxwell says the Texas Department of State Health Services followed legal guidelines, choosing a different list than the federal government on what’s considered a controlled substance. It lists delta-8 THC as a Schedule I controlled substance.
Barrett says to his knowledge it’s been a legal substance under the 2018 federal Farm Bill. He started selling delta-8 THC at his store about a year ago. Now all his products are locked in cabinets.
“It was a prime seller and a prime interest of customers, and they really enjoyed the benefits of it,” said Valencia.
“A lot of the industry has been operating under the assumption that Delta 8 is legal or that it exists inside of this gray area, and unfortunately, as we are learning, this is not the case. These products have in fact been illegal since the beginning of this year,” said Maxwell.
This lush green plant is creating buzz in Texas. ABC13 reporter Steve Campion investigated what it is, its effects on the body and whether or not it is legal in Texas.