The Legality of CBD and THC: Understanding Texan Laws

The Legality of CBD and THC: Understanding Texan Laws

Welcome to our blog, where we provide educational information and updates on THC in Texas. In this article, we will explore the legality of CBD and THC in Texas. It is important to note that the laws regarding cannabis can be complex and constantly evolving, so it is always best to consult with a legal professional for the most up-to-date information.

The Difference Between CBD and THC

Before diving into the legality of CBD and THC in Texas, let's first understand the difference between these two compounds. CBD, or cannabidiol, and THC, or tetrahydrocannabinol, are both cannabinoids found in the cannabis plant. However, they have different effects on the body and are treated differently by the law.


CBD is non-intoxicating and is known for its potential therapeutic benefits. It is commonly used to help with various health conditions such as chronic pain, anxiety, and epilepsy. CBD can be derived from both the marijuana and hemp plants, with hemp-derived CBD being federally legal.


THC, on the other hand, is the psychoactive compound in cannabis that produces a "high" sensation. It is predominantly found in marijuana, which is why marijuana is classified as a controlled substance federally. However, certain states have legalized the medical and/or recreational use of marijuana, subject to specific regulations.

Understanding Texan Laws on CBD

In Texas, the laws surrounding CBD can be quite complex and have evolved over time. Initially, the state had strict regulations in place, making it difficult to access CBD products. However, in recent years, Texas has taken steps to expand access to CBD for medical purposes.

Compassionate Use Program

In 2015, Texas passed the Compassionate Use Program, allowing patients with intractable epilepsy to access low-THC cannabis oil with a prescription from a qualified physician. This legislation was a significant step forward in providing medical cannabis to patients in need.

Under the Compassionate Use Program, CBD oil with no more than 0.5% THC and at least 10% CBD can be prescribed to patients diagnosed with intractable epilepsy. However, the program has faced criticism for its limited scope and restrictions.

Expansion of Access

In June 2019, Texas Governor Greg Abbott signed House Bill 1325 into law, which legalized the production, sale, and possession of hemp-derived CBD products that contain no more than 0.3% THC. This legislation aligned Texas with the federal definition of hemp and allowed for the cultivation of hemp within the state.

Following this law, CBD products, including oils, tinctures, edibles, and topicals, have become more widely available in Texas. However, it is important to note that the sale and marketing of CBD-infused food and beverages are still prohibited by the Texas Department of State Health Services.

The Current Status of THC in Texas

Unlike CBD, THC remains highly regulated and restricted in Texas. Possession and sale of marijuana with THC concentrations above 0.3% are illegal under both state and federal law.

Medical Marijuana

Although marijuana is still illegal for recreational use in Texas, the state does have a limited medical marijuana program in place. The Texas Compassionate Use Act, passed in 2015, allows patients with certain qualifying conditions to access low-THC cannabis oil.

To qualify for the medical marijuana program in Texas, patients must be diagnosed with a qualifying condition, such as epilepsy, multiple sclerosis, Parkinson's disease, or terminal cancer. However, the list of qualifying conditions is relatively restrictive compared to other states with medical marijuana programs.

Recreational Use

As of now, the recreational use of marijuana is illegal in Texas. Possession of small amounts of marijuana can lead to criminal penalties, including fines and potential imprisonment.

Changing Attitudes

While the laws surrounding THC remain strict in Texas, there is growing public support for the decriminalization or even legalization of marijuana. Many believe that marijuana should be regulated similarly to alcohol and tobacco, with appropriate age restrictions and taxation.


In conclusion, the legality of CBD and THC in Texas is a complex topic. CBD derived from hemp is legal and widely available, while THC remains heavily regulated, with limited medical exceptions. The laws surrounding cannabis are continuously evolving, so it is important to stay informed and consult with legal professionals for the most accurate and up-to-date information.

We hope this article has provided you with a better understanding of the current laws surrounding CBD and THC in Texas. For more educational information and updates on THC in Texas, make sure to follow our blog for future articles.