Whether you will be prosecuted for possession of CBD oil in Texas depends entirely upon where you are located. In North Texas, Denton County is not prosecuting CBD oil only cases, Dallas County is "not aggressively prosecuting" CBD oil cases, and the Collin County District Attorney is still deciding. Tarrant County, on the other hand, is prosecuting CBD Oil cases.
A natural plant extract, CBD (or cannabidiol) has made a huge stir in the health scene over the last decade. It’s not hard to find plentiful anecdotal evidence of its benefits — people are using CBD for pain relief, mood regulation, cancer prevention, even seizure reduction. But if you’re in pain, you’re probably looking for more than anecdotal evidence. We get it — and we’re here to help.
Is CBD Legal? Marijuana-derived CBD products are illegal on the federal level, but are legal under some state laws. Hemp-derived CBD products (with less than 0.3 percent THC) are legal on the federal level, but are still illegal under some state laws. Check your state's laws and those of anywhere you travel. Keep in mind that nonprescription CBD products are not FDA-approved, and may be inaccurately labeled.
The most commonly used form of CBD is CBD oil. Combining CBD extract with a carrier oil like coconut oil, it can be ingested or vaped, bringing a lot of variety. But because marijuana legalization is in such a murky situation with both federal and state laws to grapple with, CBD oil's legality can be hard to parse depending on where you are. Let's start with legality at the federal level.
Martin Lee, co-founder of Project CBD, told Leafly that hemp fiber and seed contain no usable amounts of cannabinoids. “Cannabidiol can’t be pressed or extracted from hempseed,” he writes. “CBD can be extracted from the flower, leaves, and, only to a very minor extent, from the stalk of the hemp plant. Hemp oil start-ups lack credibility when they say their CBD comes from hempseed and stalk.”
Amendment 64 granted Colorado citizens the use and regulation of marijuana. Passed on November 6, 2012, it included a declaration industrial hemp should be regulated separately from marijuana and that the Colorado General Assembly is “to enact legislation governing the cultivation, processing, and sale of industrial hemp.” Soon after Amendment 64 went into effect, Colorado became the first state to contain certified hemp seed – designated as containing less than .3% THC – as well as free of weeds and disease.
The Texas Controlled Substances Act is codified under Texas Health and Safety Code Chapter 481. Health and Safety Code Section 481.032 says that the Commissioner of State Health Services is to set out what substances are deemed Controlled Substances in Texas under Schedules I through V. Chapter 481.034 retains the right for the legislature to remove substances from the Controlled Substance list.
A study published by David Cheng, Postdoctoral Scientist, Neuroscience Research, University of New South Wales, NSW, Australia, says that CBD has a potential as a preventive measure against symptoms of Alzheimer’s. This presents yet another exciting development for medical researchers, given the persistent challenges to finding effective solutions for this condition.
CBD is one of over 60 compounds found in cannabis that belong to a class of ingredients called cannabinoids. Until recently, THC (tetrahydrocannabinol) was getting most of the attention because it’s the ingredient in cannabis that produces intoxicating effects in users. But CBD is also present in high concentrations — and the world is awakening to its possible benefits.
This means that CBD oil products that are derived from these “not marihuana” parts of imported hemp plants are not federally banned, and the natural cannabinoids in hemp-derived products are exempt from DEA enforcement. While hemp cannot be legally cultivated in the U.S. except under state-regulated programs, hemp-derived oil has been a legal import in the U.S. for decades.
The endocannabinoid system is spread throughout your brain and body, but primarily throughout your central nervous system. The interaction between cannabinoids and receptors is what produces effects like the regulation of mood, pain, appetite, inflammation, and memory. Plant-based cannabinoids, found in cannabis plants, also interact with the receptors (whimsically named CB1 and CB2) in the endocannabinoid system, and each affects your body in different ways. CBD and its infamous cousin THC are the 2 most well-known cannabinoids.
“All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resins; but shall not include the mature stalks of such plant fiber produced from such stalks oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom),fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.”
In 2018, The Food and Drug Administration (FDA) approved the first CBD-based medication after years of research suggesting that CBD is beneficial to treat two rare and severe forms of childhood epilepsy. The FDA Commissioner Scott Gottlieb has said the approval was “a reminder that advancing sound development programs that properly evaluate active ingredients contained in marijuana can lead to important medical therapies.” He noted that the action was “not an approval of marijuana or all of its components” but rather of one specific CBD medication for a particular use. In April, an advisory committee unanimously recommended approval of the drug for the two types of epilepsy. FDA CBD rules approving hemp as medicine have helped spread awareness about CBD and acceptance regarding its use.
Research on CBD and anxiety has generally looked at cannabis as a whole product, not as CBD as a standalone compound. Some studies suggest that it can help with anxiety: like this 2011 study that suggests CBDcan reduce social anxiety or this 2015 review that says CBD could be promising for many forms of anxiety. It’s also important to consider whether the CBD comes from the cannabis plant and therefore may include THC, a cannabinoid that for some, induces anxiety. Read our comprehensive article on CBD and anxiety, here.
Another field in which CBD is creating a buzz is in the area of mood disorders like anxiety and depression. Both conditions have been treated with a variety of medications, courtesy of Big Pharma, that have had varying levels of success. Again, the long list of side effects can be off-putting to someone who just wants to get through the day without the sweaty tension of anxiety or the gray haze of depression.
But CBD has recently become a major player in the world of athletics for two reasons. First, it has proven anti-inflammatory properties. This has been pretty firmly established through a number of studies. For example, in a 2009 lab study, researchers found that CBD significantly suppressed chronic inflammatory pain by activating glycine receptors at the spinal level. CBD is also a known analgesic, meaning it has pain-relieving properties. Many athletes use CBD after intense workouts to help manage pain from aching muscles and joints. And recently, the World Anti-Doping Agency removed CBD from its list of banned substances, opening the door for professional athletes to make use of the extract for pain relief.