Skip to main content

Tag: Restart CBD

When Will Cannabis Be Recreational in Texas?

A popular question that comes up in my retail (RESTART CBD) is when will Texas recreationally legalize cannabis? And with the 88th legislative session currently in session as of January 10th, 2023, a good reminder is that, in Texas, bills become law during legislative session. 

PLEASE NOTE: Recreational legalization is also referred to as “Adult Use”.

So now is a really good time to break down the aforementioned question with timing and history in consideration.

Let’s begin by defining the word “legalize”- according to Oxford Languages it is to “make (something that was previously illegal) permissible by law.” 

Texas is one of the more slow moving states on Cannabis because of the Conservative Leadership in State Government.

The whole reason we’re advocating for cannabis legalization in Texas is because starting in 1915, El Paso was the first US city to individually restrict cannabis. It would go through further restrictions up until the possession of cannabis was banned statewide in 1931. And until 1973 it would remain classified as a narcotic with the possibility of life sentences imposed for possession of small amounts. 

In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses. Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and prison sentence of no more than 180 days. 

Fast forward to June 2015 when Governor Greg Abbott signed Senate Bill 339 – the Texas Compassionate Use Act (TCUP) – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy. (For those of you who may be unaware, TCUP is our states medical marijuana program.)

Then in June 2019 House Bill 1325 was also signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC). This bill also legalized possession and sale of hemp-derived CBD products without need for a doctor’s approval as compared to the TCUP program. 

Now let’s pause right there, because for the last four years some interesting things have shifted for TCUP and for hemp in Texas. During the 2021 87th legislative session, we saw the TCUP program expand to 1% THC and added conditions including all forms of cancer and PTSD. And in the hemp, the Texas Supreme Court upheld the ban on the manufacturing and processing (but not sale) of smokable hemp in June 2022.

Getting back to the question at hand, when can we expect to see cannabis recreationally legalized in Texas? Personally speaking, I think you have to take into consideration Texas’ timeline. We meet every two years as a state, and TCUP is capped at 1% right now amongst other setbacks the program has. I anticipate the TCUP program will try to expand yet again this legislative session but how much is yet to be determined, so more to come at the end of May when session ends.

I also encourage you to look into the differences between a medical marijuana program (our current version is TCUP) and adult use recreation. Medical marijuana programs require a doctor sign off to essentially to qualify you into the program. Compared to adult use recreational where it is more akin to purchasing alcohol once you are of legal age.

The variations of the program types are what we’re fundamentally discussing, and to see what and when Texas might make her move, we should look to some other states programs for examples of what to expect.

Missouri is a great example of a shorter timeline between medical- which was legalized in 2018, and adult use recreation- which was legalized in 2022, just four years later. Or compare that to Illinois who legalized medical in 2014 and adult use in 2020, so six years later.

Now on the other end, you have states like Arizona who legalized medical in 2010 and it took them a decade to legalize adult use recreation in 2020. Or another Texas neighbor, New Mexico legalized adult use recreation in 2022, and that was after 15 years of medical which was legalized in 2007. 

The main takeaway is it is going to take time to go from a mature, key word mature, medical marijuana program to an adult use recreational program. And considering Texas meets every two years, and our current TCUP/Medical marijuana program is capped at 1% and there are other limitations to their program, I anticipate that getting sorted out in the next two to six years in legislation before you begin to see recreational legalization on the horizon.

Another major plot twist to throw into all of this is the fact that during this time, hemp became federally legal and state legal allowing for up to .3% Delta 9 THC on a dry weight basis. Almost all these mature marijuana states like Colorado, California, and Oregon legalized medical, then adult use, then hemp. But in Texas we have a different call to order. We’re slowly expanding medical into a mature program, then hemp became legalized, and we’re still advocating for adult use.

I’m not going to pretend like I know how things are going to go in Texas, but I’m paying attention to the market across our the United States and paying attention to Texas politics. It’s going to be an exciting Texas Legislative session, and I hope you’ll be following along. I’m a part of an organization called the Texas Hemp Coalition, they are going to be leading a lot of advocacy and policy work for the hemp industry this session, so if you want to get more involved please check them out. Otherwise conversations like this can always be found at ToBeBluntpod.com.

If Texas Legalized Adult Use Cannabis Tomorrow, Who Would Get a License?

Coming off of an exciting Texas Hemp Summit, I can’t help but be a voice of reason in the room. It was awesome to see so much support and interest in the burgeoning hemp industry here in the lone star state. We got to hear from Texas AG Commissioner Sid Miller and had leaders in hemp fly in from across the United States to weigh in on the future of hemp, and really cannabis, in Texas.

As a CBD retail operator since 2018 myself, I am no stranger to the ever-moving landscape here. From newly discovered cannabinoids hitting the market like CBC and THCV, to the emerging market of chemically derived cannabinoids like hemp-derived delta 9 THC. We’ve faced lawsuits as a state, most recently losing the manufacturing and processing of smokable hemp products in Texas. And we’ve seen the state slowly introduce a medical marijuana program, which to me, is the domino that needs to fall before we see any type of adult use market here in Texas.

Which is exactly where I want to dive in. If Texas legalized adult-use cannabis tomorrow, who would get a license? How many licenses would they issue? What would a license cost? And if full plant access was granted, what would that do to the thousands of CBD retailers operating in Texas alone?

These are questions not meant to intimidate you, but rather to prepare you.

I spend a lot of time studying this market, as I mentioned I have skin in the game and want to ensure I’m doing my due diligence to take the best next step forward. But I also, through my podcast To Be Blunt, have ongoing conversations with industry leaders across the United States and even globally, deciphering their failures and successes in hopes of gathering enough intel to speculate what and when Texas might make her move.

I think a good indication is to look at where medical marijuana is currently at in Texas. For those who may be unaware, there are three licenses in circulation under the Texas Compassionate Use Program (TCUP), with only two in operation. The application to even apply for a dispensing organization license is $7,356 and the license fee is $488,520 for a two-year period. That is just to get your license to operate, not counting all the operational costs, etc. On top of that, the TCUP license requires vertical integration meaning you have to grow, extract, process, manufacture, distribute, and sell. 

So I ask you, who has the funds and assets to qualify for a TCUP license? And out of the thousands of operators currently selling CBD and hemp-derived cannabinoid products, who is going to qualify for one of the limited available licenses under the current program and rules?

Look, I am hopeful like the rest of you, but I also live in reality, and to ignore these facts is to willingly walk into a wall.

I recently saw the Texas DPS announce they were considering opening up TCUP licenses, which would be a step in the direction towards adult use recreation because I believe we need a more advanced Medical Marijuana/ TCUP program before you see adult use/ recreation legalized in Texas.

TCUP is currently limited to a 1% THC cap, and the broadest qualifying condition is PTSD as expanded during the 87th Texas Legislative session. Our 88th legislative session kicks off in January 2022 and I anticipate whatever movement we get will be an indication of how much that program will advance, leading us to infer the progression of the legalization of cannabis in the state.

On top of all of this, hemp is currently capped at .3% Delta 9 THC on a dry weight basis, the language of “dry weight basis” has made a massive loophole not just for Texas hemp brands but really nationally we’re now seeing a wave of hemp derived delta 9 THC hit the market.

A rolled marijuana joint half burnt, isolated on white.

So from my perspective, on one hand, we already have legalization of THC in Texas to some extent, and on the other hand, how in the hell does this all get regulated, and who will it affect?

Some speculate Delta 8 and hemp-derived Delta 9 will be taken away, others argue how can they “put the cat back in the bag” so to speak. And personally, I’m not really sure what this legislative session will hold, but I can tell you I’m gonna roll up my sleeves and advocate and influence policy however I can.

But don’t say I didn’t warn you! 

New episodes of To Be Blunt air every Monday at tobebluntpod.com

TO Be Blunt

The moment I went from being a cannabis consumer to a cannabis brand owner, everything shifted. It’s like picking the red pill vs the blue pill, pick the blue pill and you can stay unaffected, unaware, and in contented ignorance. But pick the red pill and you are in for a truthfully rude but rewarding awakening.

That’s exactly how I felt when I launched RESTART CBD in 2018. I was now confronted with having to pick, and once I did, there was no going back.

Growing up I was a cannabis consumer. I was curious, passionate, and quite frankly, a regular. Austin, Texas had some effect on that being the live music capitol that it is. But I was also shielded. While marijuana wasn’t formally legal, our town is known for its relaxed stance on the plant.

Yes, legalization was a trending topic, but I knew it would be a long-shot before Texas got its head into the game. Plus, up until founding my own company, I had employers, and didn’t want to get myself tangled up in cannabis laws and regulations. It seemed daunting to even consider where to begin.

And then in 2015, as a pedestrian, I was hit by a car. I fractured my pelvis in two places and turned to cannabis as medicine. It soothed me and helped me heal, and in particular CBD was the active cannabinoid I accredited a lot of my pain relief to.

So when we launched RESTART CBD, my history with both personal appreciation as well as personal recovery from this plant was the foundation for our brand. But I didn’t go into it thinking this is how I’m going to change the world.

I did, however, know that by telling my story, I could help impact someone else who was on the fence about cannabis. I had short term vision in what would turn into a long term pursuit.

Quickly my one-on-one conversations with consumers began to multiply. I was watching this industry unfold before my eyes, right here in my home state, and I was a helping hand in that development.

I remember thinking early on in 2019, after we had been in business for a few months, wondering what the regulatory process was like and considering how to get involved. I determined that instead of waiting and being reactionary to the industry, I would be proactive and participatory in how things were rolling out.

Now that I was self employed and embarking on this emerging industry in not only Texas, but really in our nation, I decided I would take the red pill and journey into the unknown.

The work that I and others are doing in the industry is extremely important and perhaps this resonates with you as well.

The point that I’m trying to make is we are just in the beginning stages of a very turbulent endeavor. We’ve had smokable bans thrown at us, FDA warnings sent to prevent deviating from the law, and legislative sessions that seem like they’re going to make history for better and for worse all at the same time.

We have also made incredible discoveries of new and emerging cannabinoids. Hemp’s federally legal status has allowed for more cannabis related research on it’s long term effects relating to treatments and diseases.

In my short but deep time in the industry, I’ve learned a lot from running a cannabis business.

There is so much to unpack and understand. The nuances of the industry could keep you up at night. It can be overwhelming, but can also be rewarding. Both for the good and the bad guys.

There will be people who want to make a quick buck, game the system, and exploit cannabinoids to unassuming consumers. I see it happening every day. They exist and will continue to exist. You will have to navigate around them.

But there will also be people who are dedicated to making genuine change in this industry. And I’m a big believer in making the impact in your own backyard. So while it may feel like you’re taking on a mountain, you really just have to focus on your next best step.

Look, I’m not the enforcement agency. I’m truly just a die hard Texan who seeks to see her state have proper cannabis laws. And I’d be lying if I said I didn’t hope for a future where I would have access to continue to sell, work, and educate in an industry that I love.

The hard truth is, we don’t know what the future holds. We can’t project how the politics and policies that govern this plant at a state and federal level will go. But we can sure as hell pull a chair up and ask a lot of questions.

It starts with you.

There are some amazing organizations who are truly dedicated to helping make change happen. I highly recommend getting involved with as many as you can.

Texas NORML has been a key resource from the beginning for me, in keeping me both aware of what is happening, as well as providing me with a path towards action. Another organization that has recently emerged is the Texas Hemp Coalition. As a business, I am in business for the consumer, and as part of that I need to band together with people who are motivated by similar reasons.

Working with both organizations has been integral in helping me be able to leave a mark in an industry that has given me so much.

We can make change, but we have to make the choice to do so first.

Which pill will you take?

This column is an extension of the To Be Blunt podcast, new episodes every Monday at tobeblunt.buzzsprout.com, and I’d love to personally connect with you on IG @theshaydatorabi.

Navigating a Sea of CBD

CBD use has exploded across the country to the point where consumers are mind boggled at the sea of choices. Some patients who it could greatly benefit from CBD, decided early in the game that it’s over-priced snake oil because they bought a shady off brand at the local 7-11 two years ago that did nothing.  Thankfully since then, the market has shaken out to make room for legitimate brands that specialize in reducing inflammation, anxiety, PTSD symptoms, epilepsy, depression, neuropathy, spasms and more.

Even small towns across the country have a CBD shop these days because it is such an effective natural way to self-medicate.  They range from sleek and clinical to funky and fun, and

depending on what you are comfortable with you can find a shop to fit your needs. When choosing products, it’s best to consult with an expert, but doing your own research online is a great place to start.  A reputable manufacturer will provide lab tests; either a QR code on the bottle will lead to itemized batch identified results from a certified lab, or you can find them on the product website. Look for individual tests that show a current dated result naming the specific product you are considering.

Herbal Root Collective in Austin, TX brings their shop to farmer’s markets in the Austin area with an expert who can recommend the right product and dosage for you. With a background in medicine, founder and product developer Caitlyn Hendricks says that the majority of her clients are older folks who suffer from arthritis, bursitis, and high blood pressure. All their products are lab tested and offer a variety of applications from lotion and oil, to roll on, gummies and smokable flower.

Instead of Starbucks, take a field trip to the groovy CBD coffee and snack shop, LazyDaze In Pflugerville, TX. It is veteran owned and operated by Shaunie Haynes and Ken Nance, who offer an extensive variety of goodies from CBD infused Laura Palmers to Cool Beans, Dude coffee and pet treats. If you are in the industry or provide a service, check out their 420 B to B event in Jefferson, TX. You must contact the owners for an invite to this private event.

Restart CBD is an Austin dispensary owned and operated by three sisters who work with certified organic farmers to create alternative remedies to achieve self-healing. They offer a colorful array of edibles including salt water taffy, peanut butter nugs, cold brew, caramels and Delta 8 brownies and chocolates that make taking medicine yummy. 


CBG, or cannabigerol, like its cousin CBD, is a powerful non-psychoactive cannabinoid that can be helpful in relieving symptoms of glaucoma, treating inflammatory bowel disease (IBD), alleviating inflammation in multiple sclerosis, protecting the nerves in Huntington’s Disease, and inhibiting the growth of carcinogenic cells in the colon. According to a study on PubMed.gov, CBG had a positive effect on intraocular tension, a main risk factor in glaucoma. But unlike CBD and THC, CBG does not cause conjunctival erythema and hyperemia, making it a preferable treatment. Green Mountain Flower Company in Austin, TX offers a 1,000 mg tincture available in the shop or online.

From the plethora of CBD brands available, deciding what is right for your needs is a process of exploring and learning about this amazing medicine that can relieve a laundry list of symptoms. If your traditional medications are no longer satisfactory in relieving pain and suffering, it is worth the time and money to take your health into your own hands by getting in touch with a reputable CDB dispensary today, for advice and more information.