HB 1325 – Hemp Is Legal! Texas Update

On June 10, Gov. Greg Abbott (R) signed HB 1325 into law. After a long year in order to help create a program for cultivation and legalize the sale of hemp-derived products, including CBD; edibles, sublingual, topicals and so much more.

Straight Forward, CBD is legal, Full Spectrum Hemp Oil (with THC, up to .3%) is legal.

People ask daily what is legal and what isn’t. There has been this grey area for a bit now and now the fog has lifted. HB 1325, now clearly legalizes CBD products in agreeance to the Texas Legislature.

What is to come?

Texas now will join the 42 other states, to establish a program which will create and regulate hemp farming in accordance to the, 2018 Farm Bill.

HB 1325 is full of legalities protecting businesses that sell or manufacture CBD products, with matched protections for those taking and using CBD products.

Protection for Businesses –

HB 1325 will protect business and consumers in the manner the product must come from hemp & hemp derived goods. HB 1325, will be part of the legality of the whole process involving cannabinoids, extracts and any finish production.

Questions :

Is CBD legal?

As long as a CBD product is sourced from hemp that is grown according to the rules and regulations set out by HB 1325, that product is legal to manufacture, sell and possess in the state of Texas.

HB 1325 removes hemp from the Texas Health and Safety Code list of controlled substances, making it legal to use cannabinoids in consumable products, e.g., ingestible products, topicals, etc., even those new Carl’s Junior Burgers. The bill supports :

“Hemp-derived cannabinoids, including cannabidiol [CBD], are not considered controlled substances or adulterants.”  [Id. § 443.204(1)] –  “Hemp derived cannabinoids would not be considered controlled substances, and such products intended for consumption would be considered foods.” [2]

Is Full Spectrum CBD legal?

THC concentration cannot exceed 0.3%, as per the 2018 Farm Bill and HB 1325.

HB 1325 clears the grey area argument by not only removing hemp from the list of controlled substances, but the THC in hemp, as well. “[Controlled substance] does not include hemp…or the tetrahydrocannabinols in hemp.” [Id. Sec. 8 amending Texas Health and Safety Code § 481.002(5)]

As well as;

“‘Marihuana’…does not include…hemp, as that term is defined by Section 121.001, Agriculture Code.” [Id. § 481.002(26)]

Is CBD Oil Legal to Purchase?

“A person may possess, transport, sell, or purchase a consumable hemp product processed or manufactured in compliance with this chapter.” [Id. § 443.201(a)]

  • Produced in compliance with the 2018 Farm Bill
  • Tested by accredited laboratory
  • Found to have a THC concentration of no more than 0.3%
  • A URL or QR code that leads to a certificate of analysis (to show the THC concentration is less than 0.3%)
  • Name of product’s manufacturer
  • Batch identification number and batch date

Can you be arrested for a manufactures mistake? No, you won’t. Law enforcement will be searching for CBD products that clearly violate state law, such as products produced or manufactured by a medical marijuana program in another state.

Sources :

  1. Tex. H.B. 1325, 86th Leg., R.S. (2019)
  2. House Research Organization, Bill Analysis