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Is CBD Legal in Texas?

In March, 2017, the DEA acknowledged that CBD sourced from industrial hemp cultivated lawfully pursuant to a State’s industrial hemp laws enacted under the 2014 US Farm Bill is legal. This is because “industrial hemp” is itself specifically excluded from the CSA’s definition of marijuana in Section 7606 of the Farm Bill. Since industrial hemp is excluded from the definition of the CSA, and a “product consist[ing] solely of parts of the cannabis plant excluded from the CSA definition of marijuana” is not included in the new drug code, then such product (in our case, CBD) is also excluded from the definition of marijuana under the CSA and is thus legal.

The Omnibus Appropriations Act of 2016 (P.L. 114-113) (“the Funding Act”), passed on December 18, 2015, contains a provision at section 763 that reads:

To remain compliant, all products sold through Pure ReLeaf are derived from industrial hemp under Farm Bill Section 7606, have gone through an earth friendly extraction process, and contain under the Federally legal limit of .3% THC content. This is certified through third part testing (COA) to ensure accuracy.

**2018 UPDATE: The 2018 farm bill or Agriculture Improvement Act of 2018 is United States legislation that reauthorized many expenditures in the prior United States farm bill: the Agricultural Act of 2014. This includes, but not limited to, the removal of hemp (defined as cannabis with less than 0.3% THC) from Schedule I controlled substances (Sec 12619) and making it an ordinary agricultural commodity and creating an industry for such. Its provisions were incorporated in the 2018 United States farm bill that became law on December 20, 2018 signed by President Donald J Trump.