Cannabis & the Law: Legal Information on CBD, Hemp, and Recreational Cannabis
April 20, 2022
The legal landscape for cannabis, CBD, and other cannabis-related products has changed rapidly over the past decade in the U.S. We recognize that it may be tough to navigate these changes, so Texans may want to visit our Cannabis and the Law guide to find information on Texas and federal laws on cannabis.
CBD & Industrial Hemp
Texans may have noticed shops advertising CBD products popping up all over Texas, and many have asked us whether CBD (short for "cannabidiol") is legal in Texas. We've addressed this question in a Legal FAQ and we also have a page on our Cannabis guide that talks about how CBD is viewed at the state and federal levels. This page also discusses Texas's new industrial hemp program.
The Texas Compassionate-Use Program allows qualified physicians to prescribe low-THC cannabis products to patients with certain medical conditions like PTSD, epilepsy, and cancer. This program was first enacted in 2015 and the number of medical conditions eligible for the program has increased several times since. We have more information on the Texas CUP on the corresponding page of our guide.
State Law vs. Federal Law
State and federal laws often differ on how they view the possession and use of cannabis. Some states have legalized the use of cannabis for recreational and medical purposes despite federal prohibition laws. Our State vs. Federal Laws page has more information about this discrepancy.
Recreational Cannabis Use
Although 15 states have legalized the recreational use and possession of cannabis, it remains illegal under both federal and Texas laws. The Texas Controlled Substances Act has laws prohibiting the possession and sale of cannabis (referred to as "marihuana" in the Texas statutes), and cannabis is classified as a Schedule I substance under the federal Controlled Substances Act. Check out the Recreational Use page for more information on criminal penalties related to cannabis.
Other Resources on Cannabis
If you'd like to learn more about the changing legal status of cannabis and marijuana, we have a few other options for you to check out!
While not Texas-specific, this nutshell title is a helpful general primer on the subject. It's available for checkout remotely with a current library account.
This CLE course appears in the 2020 SBOT College "summer school" course and looks at cannabis and hemp under both Texas and federal law, law enforcement issues, changing attitudes towards marijuana consumption, and more.