From the boots to cattle ranches, everything is bigger in Texas. And that includes the growth of hemp-based CBD businesses. In mid-June 2019, Texas Governor Greg Abbott signed a bill into law that legalized hemp and hemp-derived products, so long as they contain no more than 0.3 percent THC. Before Abbott’s law, hemp and CBD in Texas had existed in limbo. After the 2018 Farm Bill legalized hemp-based products and the industrial farming of hemp, states that hadn’t yet regulated hemp products were left to somewhat fend for themselves. While the Texas governor’s signature on House Bill 1325 seems to indicate that Texans are now able to utilize hemp-based CBD products without fear of arrest, attorney Shannon Edmonds with the Texas District and County Attorney’s Association still urges shoppers to exercise caution.
So, what does that mean for those looking to find relief for symptoms of insomnia, depression, anxiety, epilepsy, and chronic pain? We’ll break down the most important takeaways that CBD Texas users should keep in mind when purchasing their favorite cannabidiol product.
Where does CBD come from?
Understanding how CBD is sourced is important to understanding exactly when the oil is legal, and when it’s not. While many people use the terms hemp, cannabis, and marijuana interchangeably, they’re not even remotely close to being the same thing. Hemp and marijuana are two species that come from the same family, cannabis sativa. Although both species contain CBD, hemp is the preferred source as it has a much higher concentration of cannabidiol (CBD), with very low levels — typically less than 0.3 percent — of THC. THC, or tetrahydrocannabinol, is the chemical compound found in cannabis that produces the intoxicating effects you feel after consumption. Since this intoxication, or “high” as it’s usually referred to, is only associated with THC and not CBD, users have long argued that CBD products are aimed at treating symptoms and various health ailments rather than recreational uses.
The varying levels of CBD and THC, as well as the ability to determine the source of the CBD oil, are critical to the legal questions that have been raised in Texas and across the country. Why? Because unfortunately for proponents of the products, there’s no way to tell what species of plant created CBD once it’s manufactured. In 2018, the state almost experienced a crippling setback in their attempt to keep up with the CBD Texas craze that’s gripping the rest of the country when the Texas Department of State Health Services debated a ruling that would have made CBD products illegal due to a lack of labeling required for food items. Thankfully, however, the regulation wasn’t followed through with. Instead, stores must register with the department in order to sell products containing CBD in Texas.
One of the biggest challenges for CBD Texas users is the fact that many hemp flower products look and smell like marijuana — especially when smoked. For untrained officers or those inexperienced with the distinctions between hemp and marijuana, making the call between what is and what is not legal is probably going to involve a learning curve that won’t always favor the user. Not to mention that according to an investigative report by an NBC affiliate in Washington D.C., roadside tests that are utilized by law enforcement are not always accurate in determining CBD from marijuana.
Travelers through the Dallas-Fort Worth airport in Texas have reportedly learned this lesson the hard way, and it should serve as a warning to those looking to travel with their CBD products. Although many legal experts claim that CBD derived from hemp oil is federally legal under the Farm Bill, a spokesperson for Customs and Border Protection quoted by the DC NBC affiliate took a much different stance on the product, saying, “CBD oil is considered a controlled substance under U.S. Federal law" and "Travelers found in possession of controlled substances at U.S. ports of entry can face arrest, seizures, fines, penalties, or denied entry.”
Ignorance Isn’t Always Bliss
One of the best ways to combat ignorance is to ensure that you are well educated about the products you’re purchasing and that you have evidence to back up your claims. One of the main concerns about CBD Texas products comes from the fact that since they are not regulated by the Food and Drug Administration (FDA), suppliers are held only to an honor system when advertising the concentration of CBD in their products.
On February 4, 2016, the FDA sent warning letters to CBD companies whose products it tested to determine if the claims made on the label were truthful or not. Of the 13 products that listed concentrations on the bottle, only two passed the agency’s test. The FDA reported that three of the products that failed that were incredibly close, such as Michigan Herbal Remedies’ US Hemp Wholesale 25 percent CBD Hemp Oil Supplement Gold Label. It claimed that it contained 250mg/g of CBD, while lab results showed that it only contained 244mg/g. However, others failed by “an order of magnitude — 100 times less than claimed.”
For Texas residents looking to make informed shopping decisions, the best way to ensure your products contain the true amount of CBD they claim is to only purchase products from online or brick and mortar companies that require independent third-party lab testing, and that are GMP certified. A GMP certification, which ensures that the company employs Good Manufacturing Practices (GMPs), is an important statement to look for when purchasing CBD products. At Have a Nice Day CBD, we ensure that all companies we partner with are complying with the Farm Bill legislation by inspecting lab results from each product, as well as rating them based on an independent set of quality standards to ensure that every product sold is the best quality possible. Regardless of the type of CBD Texas product that you’re looking for, we’re here to help you find it. You can click here to see a list of the brands we stock, here to search by product type, or simply visit our homepage to learn more about the ways that CBD can have a positive impact on your everyday life. From Florida to Oregon and Texas to Maine, Have a Nice Day CBD is here for you!