Is CBD oil Legal? Yes if it has not more than .3 THC, Tetrahydrocannabinol.

Tetrahydrocannabinol

What is Tetrahydrocannabinol?

It is THC. It is primary psychoactive chemical in Cannabis Sativa. Hemp is a strain of cannabis with a lower THC level and also containing Cannabidiol.

Cannabidiol. What is it?

Cannabidiol is CBD. This is a non psychoactive element in hemp that provides relief to conditions such as pain, insomnia and anxiety.

Is CBD Oil Legal in Texas?

Yes. It must contain materials extracted from hemp and not derived from the plant Cannabis Sativa L. The CBD oil must be sampled by an accredited laboratory. The lab must be accredited in accordance with International Organization for Standardized ISO/IEC 17025 or a comparable or successor standard. The testing must show a Delta-9 THC concentration of not more than .3 percent.

Federal Hemp Laws

Texas CBD oil must be produced in compliance with the federal definition of hemp in the Agricultural Code.

(1) Hemp

The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

How To Sell CBD Oil?

Retailers are required to register the Department of State Health Services to sell CBD oil. The owner, operator or person in control of sales must register each location owned, operated, or controlled unless that person is an employee of the registrant or independent contractor a registrant.

Registration is valid for one year and may be renewed yearly.

Under Sec. 443.203 of the Texas Agriculture Code, CBD oil sold must be manufactured in compliance with the Texas Hemp law or the retailer can be held accountable under the Business and Commerce Code Subchapter E Chapter 17 of the Deceptive Trade Practices.

A person violates the Texas Business and Commerce Code if he or she sells CBD oil that:

Contains harmful ingredients
Is not produced in compliance with 7 U.S.C. Chater 38, Subchapter VII or
Has delta-9 tetrahydrocannabinol concentration of more than .3 percent

What States is CBD Oil Legal 2019

State	CBD Legal Status
Alabama	Written Certification
Alaska	Legal
Arizona	Legal
Arkansas	Legal
California	Legal
Colorado	Legal
Connecticut	Legal
Delaware	Legal
Florida	Legal
Georgia	Possibly Legal. Law Appears Not Enforced.
Hawaii	Legal
Idaho	Legal With 0.0 THC
Illinois	Legal
Indiana	Legal
Iowa	Written Certification
Kansas	Illegal
Kentucky	Legal
Louisiana	Legal
Maine	Legal
Maryland	Legal
Massachusetts	Legal
Michigan	Legal
Minnesota	Legal
Mississippi	Written Certification
Missouri	Written Certification
Montana	Legal
Nebraska	Written Certification
Nevada	Legal
New Hampshire	Written Certification
New Jersey	Legal
New Mexico	Legal
New York	Legal
North Carolina	Legal
North Dakota	Legal
Ohio	Legal
Oklahoma	Legal
Oregon	Legal
Pennsylvania	Legal
Rhode Island	Legal
South Carolina	Legal
South Dakota	Illegal
Tennessee	Legal
Texas	Legal
Utah	Legal
Vermont	Written Certification
Virginia	Written Certification
Washington	Legal
West Virginia	Legal
Wisconsin	Legal
Wyoming	Legal

Can I manufacture consumable hemp products?

“The manufacturing license for consumable hemp will not be available until the USDA approves Texas’ hemp plan. That plan is under development by TDA. State licensing rules and requirements relating to the manufacture of consumable hemp products may only be proposed after the approval of the plan by the USDA.

Until the plan is approved and rules are in place, current law applies. Only ingredients on the FDA’s Generally Regarded As Safe (GRAS) list or otherwise federally approved may be used in foods, drugs, cosmetics and dietary supplements. There are currently three hemp-derived products on the GRAS list; hulled hemp seeds, hemp seed protein and hemp seed oil. Manufacturers of these products are governed by Health and Safety Code Chapter 431. Manufacturers interested in producing consumable hemp products not containing CBD may currently apply for a DSHS food manufacturer license.”