Cannabidiol (CBD) is a substance derived from the cannabis plant that does not have the psychoactive properties that tetrahydrocannabinol (THC) does. Its legality is still unclear.
Hemp is defined under Texas law as "the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." In June of 2019, Texas passed laws creating a state industrial hemp program. The Texas Department of Agriculture and the Texas Department of State Health Services are in the process of creating rules to administer this program.
This page will provide you with information about CBD and the developing industrial hemp program.
Texas Department of Agriculture Commissioner Sid Miller has recorded this introductory video to Texas's industrial hemp program:
In the past two years, there have been changes in how CBD is viewed under the law at both the state and federal level. Below are links to read the text of this legislation. The federal bill became law on December 20th, 2018, and the state bill creating Chapters 121 and 122 of the Texas Agriculture Code was signed into law by the governor on June 10th, 2019.
On March 16, 2020, the Texas Department of Agriculture opened the application process for new licenses to cultivate industrial hemp. To submit an application, visit the link below.
In 2019's 86th Legislative Session, the Texas Legislature passed HB 1325, which paved the way for a state industrial hemp program. This program will allow people to grow industrial hemp (defined as "the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis").
There are several state agencies that must adopt amended rules and regulations in order to administer the new industrial hemp program. We have provided links to agency updates on their progress below:
For a detailed explanation of the developments in the law surrounding CBD, please see the article entitled "CBD: The Evolving Landscape of Laws and Regulations" written by Elizabeth F. Griffin in the State Bar of Texas's 2019 Food and Drug Law Continuing Legal Education course. Ms. Griffin explains what CBD is and cites to relevant state and federal resources on the topic.
The Texas Department of Agriculture and the Department of State Health Services will be responsible for administering and regulating the state's industrial hemp program. For more information about licensure or other hemp-related regulations, please visit their websites.