As of May 2017, however, you will find the addition of "Marihuana Extract" in the Texas Register [PDF] (not the Health and Safety Code) by the order [PDF] of the Commissioner of the Department of State Health Services. That order is what the Tarrant County District Attorney is using as a basis to prosecute CBD oil possession cases at the misdemeanor level. 

And then I woke up on the concrete, a worried crowd gathered around me. “You had a seizure,” my friend said gently as I blinked my eyes, trying to process this new information. I remember it was warm that night because I was wearing a sundress, and when I finally regained consciousness my first worry was that my dress flew up and everyone could see my underwear.
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.
Despite the many states that have legalized some or all forms of marijuana, federally the U.S. Drug Enforcement Administration (DEA) continues to classify CBD as a Schedule I drug. Schedule I drugs are defined by the DEA as "drugs with no currently accepted medical use and a high potential for abuse." This is how not just CBD, but the entire cannabis plant is classified.
Generally, CBD oil is made by combining an extract with a carrier fluid or oil. This question is best answered by looking at how the CBD oil was extracted. CBD oil can be extracted using CO2 systems or by using chemical solvents. Both methods produce a CBD oil byproduct that is then combined with a fluid like MCT oil, coconut oil, or olive oil so that it can be delivered to the body. Always check to make sure you know the CBD content of the products you purchase.
Our bodies are thought to produce endocannabinoids by the billions every day. “We always thought the ‘runner’s high’ was due to the release of dopamine and endorphins. But now we know the euphoria is also from an endocannabinoid called anandamide,” its name derived from the Sanskrit word for bliss, says Joseph Maroon, MD, clinical professor and vice chairman of neurosurgery at the University of Pittsburgh Medical Center. We produce these natural chemicals all day, but they fade quickly because enzymes pop up to destroy them. That’s where CBD comes in: By blocking these enzymes, CBD allows the beneficial compounds to linger.
John Staughton is a traveling writer, editor, and publisher who earned his English and Integrative Biology degrees from the University of Illinois in Champaign, Urbana (USA). He is the co-founder of a literary journal, Sheriff Nottingham, and calls the most beautiful places in the world his office. On a perpetual journey towards the idea of home, he uses words to educate, inspire, uplift and evolve.
After ignoring the CBD oil on the shelves of health food stores for months; the state excise police in Indiana began raiding stores recently for CBD oil. According to the State Excise Police, CBD is considered the same as marijuana in the state of Indiana. Even thought that makes zero sense since it does not have any psychoactive chemicals in it at all (or so little as to not count). Thus it is idiocy but must be coming from the top as the Governor is the head cheese they would not be raiding unless he had given the OK. So it is stupid and a waste of taxpayer money. Hitting the health food stores hard; and people will just pay a little more to order it online. CBD oil works for a variety of health conditions. It is big pharma that is trying to keep it off the shelves. But in the end they will lose this one.

Another point worth clarifying is the difference between hemp seed oil (or hemp oil) and CBD oil. There’s confusion on this point for the very good reason that both CBD oil and hemp seed oil are extracted from the industrial hemp plant. But there’s a big difference between the 2. Hemp seed oil has been pressed from hemp seed, and it’s great for a lot of things — it’s good for you, tastes great, and can be used in soap, paint — even as biodiesel fuel.
Transparency: cbdMD seems to be going through a transition with their third-party testing practices. Until recently, they only released a lab report for the CBD concentrate they use for all their products, but would not show potency testing for individual products. That seems to be changing. Currently, the only lab report on the website is for their concentrate (and it’s over a year old). But if you contact customer service, they’ll send you a lab report for any product. 
In May of 2017, the Texas Commissioner of the Department of State Health Services, Dr. John Hellerstedt, ordered "that the substance Marijuana Extract, meaning an extract containing on or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant) into Schedule I.
Oils: CBD oils are the most potent and unprocessed form of cannabidiol. CBD oil is removed directly from the flowers, stalks and seeds of the hemp plant during the extraction process. The most effective CBD oils are full spectrum, which means that they include all compounds found naturally in the plant, including the cannabinoids (with trace amounts of THC), terpenes and essential oils. You can find CBD oils in a bottle with a dropper. This allows you to ingest the oil by using it by mouth.
In 2014, President Obama signed into law the Agricultural Act of 2014. Section 7606 of the act, Legitimacy of Industrial Hemp Research, defines industrial hemp as distinct from marijuana. This authorizes institutions of higher education or state department’s of agriculture in states that legalized hemp cultivation to regulate and conduct research and pilot programs. Basically, it’s up to the states to regulate the growth per their own State Departments.
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