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What are the laws related to CBD and CBD with THC?

CBD is quickly becoming a wellness buzzword, promising cures for ailments such as cancer or epilepsy. CBD is a chemical found in marijuana. CBD doesn’t contain tetrahydrocannabinol (THC), the psychoactive ingredient found in marijuana that produces a high. CBD is most commonly sold as an oil, but it also comes in tinctures, edibles, capsules and more.

Well, where does Texas law stand on the use of CBD products? Shawn McDonald of SMB Criminal Defense Lawyers explains that CBD oil is completely legal. You’ll find smoke shops and retail stores selling THC free oil. However, you may unknowingly purchase an oil that contains traceable amounts of THC – which is a big problem under Texas law.

Even though THC oil has the same active ingredient as the marijuana plant, McDonald warns that it is viewed differently through the eyes of law. While the “green leafy” substance of marijuana has varying misdemeanor charges, you can actually jump straight to a felony if you are found with CBD oil contacting any amount THC.

With all the gimmicks and misinformation circulating around CBD, it’s imperative that you know what you are buying is legal. CBD is a booming wellness trend and scammers are looking to make quick money, not to educate customers on the benefits of CBD. CBD extraction methods have a major impact on the quality of the end product, not to mention your health.

Here are some safeguard to consider before purchasing CBD:

    • Know the growth and extraction process. Sellers should divulge how the CBD was extracted (and where), along with proper labels. CO2 extraction is a reputable extraction process that will result in pure CBD oil. Try to find U.S. grown hemp to ensure you are getting the highest quality CBD.
    • Buy in store. Your chances of getting scammed online can be high because you are making a blind purchase. If you have a local shop that sells CBD, go chat with the store owner about how the CBD was sourced. See how much they know about their products and what they recommend.
    • Check the labels. The optimal level of THC present in CBD oils should not exceed more than 0.3 percent, so make sure that you review the labels or ask for lab results for the CBD oils before purchasing them. In Texas specifically, CBD must contain 0% THC.


  • Look for full spectrum CBD. In order to cut corners and make a quick buck, some sellers use CBD isolates that muddle the quality of the oil. You’ll want to check if the label says “full spectrum” or “whole plant,” to ensure the entire plant was used when making the product.


CBD has huge promise, but it’s best to educate yourself through trustworthy sources before making a purchase.