Texas

Is cannabis legal in Texas?

No, adult-use cannabis is currently illegal in Texas. A limited program makes low-THC, high-CBD cannabis available to patients.

Possession of 2 ounces (56.7 grams) or less of cannabis is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine for a first offense. The offender’s driver’s license is suspended upon conviction.

Legislative history

The Texas Legislature in June 2015 passed the Texas Compassionate Use Act, or SB 339, authorizing organizations to cultivate, process, and dispense low-THC cannabis to qualifying patients. It allowed individuals with intractable epilepsy and registered caregivers acting on their behalf to purchase cannabis with no more than 0.5% THC and a 20-to-1 concentration of CBD to THC.

Only patients who are permanent residents of Texas can be registered to the Compassionate Use Registry of Texas (CURT). The law tasked the Texas Department of Public Safety with overseeing the statewide program to provide cannabis products to registered patients.

The law specifically prohibits ingesting low-THC cannabis by smoking.

Gov. Greg Abbott signed HB 3703, expanding the qualifying conditions for medical marijuana use and eliminating the need for a second physician’s opinion and the 20-to-1 concentration requirement. However, the bill did not amend the language “prescribe” and “prescription,” which may be used only with FDA-approved substances.

Where is it safe to purchase?

Only patients in the registry who have been diagnosed with a qualifying condition by a state-certified physician can purchase CBD products with low-THC from a DPS-licensed medical dispensary.

With only three dispensaries in a state the size of Texas, delivery is a must. Dispensaries deliver in Austin and the San Antonio area but can ship throughout the state. DPS says it only licensed three dispensaries to correspond with the number of severe epilepsy patients in the state. Now that the list of qualifying conditions has expanded, the number of dispensaries may as well.

Medical cannabis is available in tincture, lozenge, and topical forms.

Where is it safe to consume?

The law does not mention any restrictions on where a patient can legally possess or consume medical cannabis.

Possession

Possession limits are set by the patient’s physician and specified in their prescription.

The law specifically prohibits smoking low-THC cannabis; therefore, possession of any amount of cannabis flower is prohibited. For non-patients, possession of 2 ounces (56.7 grams) or less of cannabis is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine for a first offense. The offender’s driver’s license is suspended upon conviction.

Home cultivation

Home cultivation is illegal in Texas.

Medical marijuana registry

CURT is the system that allows physicians to register and prescribe low-THC cannabis to qualified patients. No registry identification card is needed, nor is there a fee to participate in the program. Once certified and added to the registry by their attending physician, patients can purchase low-THC cannabis products from any state-licensed dispensary.

Qualifying conditions

• Autism
• Epilepsy or other seizure disorder
• Incurable neurodegenerative diseases including:
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Huntington’s disease
  • Muscular dystrophy
  • Parkinson’s disease
• Multiple sclerosis
• Spasticity
• Terminal cancer

Patient requirements

There is no age restriction for patients; however, patients younger than 18 will need a parent or legal guardian to obtain medical cannabis. Patients in the registry are authorized to purchase and consume medical cannabis if they meet eligibility requirements, which include:

• Established permanent Texas residency
• Diagnosed with a qualifying condition that grants patient access to medicinal cannabis
• Prescribed low-THC (less than 0.5% THC) cannabis by a qualified physician

Caregiving

There is no provision for caregivers in the Compassionate Use Program. Patients who need assistance obtaining or using medicinal cannabis may have their prescription filled and administered by a legal guardian if the prescribing physician has added the guardian’s ID information to the patient’s file in the CURT system.

Reciprocity

Participants in CUP must be permanent residents of Texas.

Testing

Low-THC products are not required to go through lab testing.